Duke  University  Libraries 

Message  of  the 
Conf  Pam  #459 


MESSAGE 


or  'iiiE 


GOVERNOR  OF  FLORIDA, 

tk.\js>mitti:d, 
WITH  THE  ACC03IPANYIXG  DOCUMKNTS, 

JO    '11  IK 

(Scncval  ^js^cmMy  ^f  the  J^tatc, 

AT  THE  ANNUAL  SESSI(:>X  COMMENCING  NOVEMBER  18,  18Cli 

^0^    ■ 


PERKINS  LIBRARY 


Dute  \]r 


Kare  Dooks 


GOVERNOR'S  MESSAGE. 


Executive  DKi'AnTMExr,  [ 

Tallahassee,  November  18,  ISOl.      ) 

Fellow  Citizens  of  the  Senate 

and  House  of  Heprescntativcs  : 

Your  honorable  body,  when  in  pcssion  in  November  ]a--t, 
wisely  determined  to  call  a  Convention,  to  represent  the 
Freemen  of  Florida,  to  devise  suitable  measures  to  avert 
threatened  evils.  The  Convention  was  eomposed  of  brave 
and  honorable  men,  who  lv,new  the  rischts  of  freemen,  and 
''  knowino-  dared  maintain  them."  They  adopted  and  pro- 
claimed measures  worthy  their  high  character  as  statesmen, 
and  wliich  were  necessary  to  the  defence  of  the  sacred  rights 
of  a  noble,  generous  and  brave  people.  Our  sister 
States,  with  but  few  exceptions,  acted  i>romptly,  as  Flor- 
ida did,  in  vindication  of  their  riglits  as  "  Free,  Sovereign 
and  Independent  States." 

The  Confederate  States  of  America  now  commarid  the  ad- 
miration of  foreign  nations,  the  confidence  of  the  citizens 
of  each  Southern  State,  and  strike  with  amazement  and 
terror  the  minions  of  lawless  i)0wer,  wlio  claim  to  be  of  the 
United  States,  and  who  unnecessarily  wage  war  {lgain^t  the 
Confederate  States  of  America,,  vainly  supposing  that  a 
free  people  can  be  conquered  by  those  whose  principal 
achievements,  since  the  war  commenced,  have  been  the  ar-. 
rest  and  imprisonment  of  women  and  children,  and  their 
own  unarmed  citizens,  in  utter  disregard  of  the  Constitu- 
tion under  v.hich  they  profess  to  act,  in  violation  o^  every 
principle  of  hunninity.  nnd  m1  \-;ir!:uK-e  with  the  noble  -cnti- 


/■iient-  wliii'h  fliould  dl&ti'nguisli  the  intelligent,  the  brave 
and  tlie  free. 


MILITARY    ACADEMY. 

A  know]eda;c  of  tliG  science  of -war,  anus  and  munitions 
of  war,  is  nnicli  needed  in  Florida. 

I  ^vonId  respectfidl_y  recommend  to  your  honorable  bodj 
to  iip}iro|)riate  the  Arsenal  at  Mount  Yernon,  and  the  lands 
reserved  by  the  United  State?  for  its  supply,  to  the  following 
purposes,  viz  :  a  Military  Academy,  a  State  Arm,ory  and 
^\rsenal  of  Construction. 

The  buildings  and  lauds  arc  the  property  of  the  State, 
and  with  slight  changes  to  be  made,  and  at  little  expense, 
will  bo  r\t\mirably  adapted  to  the  purposes  recommended. 
Tlierc  writ  W  aniple  room  to  acconnnodate  professors,  in- 
structors and  three  hu'^idred  cadets,  Avith  a  beautiful  parade 
ground,  already  end:)rficed  in  suitable  enclosures;  and  at 
this  time,  acccaU;pJ;isli9d  professors  and  experienced  instruct- 
ors can  be  procured  upon  reasonab^v-  t<^'rms. 

Employed  as  a  State  Armory  in  connection  with  a  ]\[ili- 
tary  Academ-y.  the  arms  can  be  used  i'ov  instruction,  kept  in^ 
good  order,  and  an  expense  wilil  be.  saved  of  rent  for  i\, 
room,  where  they  are  insecure,  aiid  ijhe  labor  and  ex»e];i,se 
iiu-urred  to  kec]i  tlit'in  in  oivkT,  without  Vv^'e.  will  be  avoided. 

W^ith  an  arsenal  of  construction  attuvliQil  to  a  Military 
Academy  and  .Vrmory,  the  arnis  can  be  ke.y>,t  '^\  proper  re- 
pair, and  new  arms  manufaftu.rcd,  and  thus  niuego.wl  forges 
HOW  attached  to  the  arsenal,  Aviih  suitable  tools  and  i;uiple-. 
ments,  be  brought  into  reijuisition,  A\-]iich  are  uom-  idle,  and 
by  prompt  and  energetic  ettbrts  wisely  directed,  the  Stato 
jnay  be  supplied  witli  arms.  The  location  is  remote  from 
the  coast,  is  not  lial)lc  to  sui-]n-ise  from  the  eneniy,  and  can 
be,  if  necessary,  successfully  defended  from  attack  ;  is 
T^vithii!  two  miles  c-f  ('liattahoochee  river,  convenient  to  the 
commerce  of  Apabiclncola  and  Columbus,  in  Georgia,  and 
th,'Ir  tril-)utarics.  and   i-  ~ur}-ounde(l   l>v  a  Mealth>%  densely 


settled  find  intelligent  population.  The  Peujacola  *.^'  (r.-or- 
gia  Rail  Road,  it  is  believed,  ■will  be  completed  to  Qniney 
by  tlic  first  of  January,  and  when  extended  to  UiJount 
Vernon,  a  distance  of  only  eighteen  railer,  arms  can  be 
quickly  distributed  by  Rail  P.oad  to  Middle,  East  and  parts 
of  South  Florida,  and  in  (.>rdinary  times,  can  be  traiif-i^urtad 
by  water  to  every  county  in  AVest  Florida, 

The  present  condition  of  alfalrs  has  deeply  impressed  the 
public  mind  with  the  importance  and  iiecessity  of  military 
science,  and  no  doubt  is  entertained  that  if  suitable  arrange- 
ments shall  be  made  for  accommodation  and  instruction,  the 
mimber  of  cadets  which  will  be  received  at  the  institution 
will  be  sufficient  to  defray  necessary  expenses,  and  to  aflbrd 
means  of  instruction  free  of  expense  to  one  young  man  from 
each  county  in  the  State,  to  be  received  upon  the  re<:'oni- 
mendation  of  the  Judges  of  Probate  ftud  County  Commis- 
sioners of  the  several  counties. 

MII.rrAKY  0RGAXI7,ATi(>X, 

The  opinion  cntertaiiied  by  the  Executive,  with  regard  to 
existing  military  organizations,  and  kindred  subje<-ts,  and 
what  is  necessary  to  the  defences  of  the  State,  will  bo  made. 
known  to  your  honorable  body  by  special  message,  suggest- 
ing to  your  serious  consideration  the  necessity  of  pronijit 
and  judicious  measures. 

FUNDS    rLACKI)  IX  TJJK  UAXDS  OF  TJJE  GOVEKXOK. 

The  (reneral  Assendjly.  in  contom]»latiiin  of  the  State 
seceding,  by  res«dution  approved  .l)ecend)er  1st,  ISOO,  placed 
under  the  control  of  the  (Tuvernor  all  available  funds  aris- 
ing from  stocks  of  the  several  States  held  by  the  C<)nij>tr<>l- 
ler  and  Treasurer  for  tiic  Si-hooJ,  Seminai'v  and  sinking 
funds,  as  well  as  the  unexpended  balance  of  the  loan  made 
nnder  the  authority  of  an  act  of  eighteen  hundred  anil  tifty- 
six,  and  amendments  thereto,  i'ny  \hc  jmymcnt  of  the  debts  of 
the  State. 


The  Governor  was  aiitliorized  to  pnrcliase  arms  and  mu- 
nitions of  M-ar  for  the  use  of  the  State,  not  to  exceed  one 
hundred  thousand  doUars.  This,  I  presume,  was  expended 
by  my  predecessor  in  the  manner  prescribed.  But  as  tlie 
ordinance  of  the  Convention  authorized  the  accounts  of  the 
Governor  to  be  audited  and  allowed  by  the  Comptroller,  I 
would  respectfully  refer  your  honorable  body  to  that  office 
for  such  information  relative  thereto  as  may  be  in  his  pos- 
session, and  may  be  necessary  to  the  public  welfare. 

ACT  or  FEBRUAKY,  1861. 

The  attention  of  the  General  Assembly  is  also  respectfull-y 
invited  to  an  act  approved  February,  1801,  entitled  "  an  act 
to  provide  for  the  payment  of  the  Florida  Yolunteers  and 
others  who  have  not  been  paid  for  services  actually  rendered 
the  State  of  Florida  in  the  last  war  with  the  Seminole  In 
dians." 

You  will  see  by  the  report  of  the  Comptroller,  that  under 
this  act  he  has  issued  wa,rrants  on  the  Treasury  to  the 
amount  of  one  hundred  and  sixty-eight  thousand  five  hun- 
dred and  twenty-four  dollars  and  eiglity-three  cents — an 
amount -far  exceeding,  i-f  the  Executive  is  rightly  informed, 
the  contemplation  ol  the  General  Assembly  when  the  act 
was  passed. 

The  Comptroller  felt  compelled  by  the  law  to  issue  the 
warrants,  wdien  the  claims  were  made  according  to  the  pro- 
visions of  the  act.  The  General  Assembly  were  actuated 
l)y  the  noblest  motives  in  enacting  the  law,  but  doubtless 
frauds  have  been  committed  under  its  provisions,  and  the 
most  rigid  scrutiny,  by  legal  enactment,  is  recommended. — 
yiow  is  a  favorable  time,  by  wise  legislation,  to  imprcos 
upon  the  minds  of  brave  soldiers  how  justly  they  are  appre- 
ciated, and  to  carry  conviction  home  to  the  ])ublic  mind, 
t.!iat  wk']<ed  men,  who  would  willingly  defraud  the  Govern- 
ment, will  not  be  permitted  ta  do  so,  but  will  be  prevented 
and  exposed  to  punishment,  scorn  and  contempt. 


KEDUCTION    OF    EXPENDITUPES, 

The  reports  of  the  Comptroller  and  Treasurer  show  that 
the  expenditures  of  the  State  exceed  the  receipts,  and  the 
alternative  is  presented  to  the  General  Assembly  of  either 
increasing  the  taxes,  or  reducing  the  expenses.  The  embar- 
rassed state  of  financial  afiairs  renders  the  first  inexpedient. 
When  the  war  tax  called  for  by  the  Confederate  Government 
shall  be  added  to  the  assessments  now  required  by  law  fur 
State  and  County  purposes,  the  burthen  upon  the  people 
will  prove  so  onerous  as  to  make  a  further  increase,  at  the 
present  time,  in  the  judgment  of  the  Executive,  altogether 
improper ;  and  the  more  especially  is  this  case  when  the  Gen  - 
eral  Assembly  have  it  their  power,  by  appropriate  legisla- 
tion, to  relieve  the  Treasury  of  many  of  the  drains  upon  it 
and  thus,  with  the  existing  rate  of  taxation,  meet  all  the 
expenses  of  the  State  without  any  increase  of  taxes.  If  this 
be  so,  it  would  seem  to  be  clearly  the  duty  of  the  Legislature 
to  adopt  such  policy  as  would  produce  so  desirable  a  result. 

Among  the  heaviest  drains  upon  the  Treasury  are  those 
.connected  with  the  administration  of  Justice,  Civil  and 
Criminal,  in  the  Circuit  as  well  as  the  inferior  Courts. 

The  report  of  the  Comptroller  will  show  that  the  single 
item  under  the  head  of  "  Jurors  and  Witnesses,"  amounts  to 
the  sum  of  twenty-seven  thousand  six  hundred  and  forty- 
two  dollars  and  four  cents — nearly  one-fourth  of  the  net  re- 
ceipts of  the  Treasury  for  the  present  fiscal  year ;  and  the 
question  presents  itself,  is  there  no  method  by  which  thia 
expenditure  may  be  lessened,  without  impeding  justice  ?  In 
the  opinion  of  the  Executive  there  are  several  ways  in  which 
it  may  be  accomplished,  and  the  first  step  towards  it  is  bv 
making  the  principle  pertaining  to  Jurors  in  Justices'  Courts 
applicable  to  Jurors  in  the  Circuit  Courts.  In  Justices' 
Courts,  Jurors  are  paid  by  the  parties  litigant :  why  should 
not  the  same  principle  obtain  in  the  superior  tribunals  ?  If 
it  be  just  to  require  litigants  to  pay  the  Jury  called  to  de- 


cide  their  controversies  in  the  one  instance,  would  it  not  ber 
cq;ial];,-  ju?t  in  tlie  other?  Litigation,  so  fur  at  least  as  this 
c:ni  be  (lone  without  obstracting  justice,  should  V)e  taxed 
Avirii  its  own  costs.  But  it  is  deemed  no  hardship  or  impedi- 
ment t(,t  justice  to  require  the  jury  to  be  paid  iu  a  Justices' 
('uurt  by  the  lo-iug  party,  and  before  rendering  their  ver- 
dict, nor  should  it  be  so  regarded  in  a  higher  tribunal.  The 
State  makes  provision  for  the  Judge  Avho  pi'esides  in  the 
Circuit  Coui't,  and  litigants  ought  not  to  complain  if  the  law 
rccjuires  them  to  provide  for  the  other  expenses  involved  in 
setting  their  dilHculties. 

If  tiie  suggestion  t(^  modity  the  existing  law  in  this  respect 
sho;ild  meet  the  aj'proval  of  the  General  Assembly,  the  sav- 
ing to  the  Treasury  in  consequence  thereof  would  be  no  in- 
considerable sum.     F.oni  the  diiHcnltj  of  obtaining  correct 
data,  it  is  impossible  to  distinguish  between  Jurors  in  Civil 
and  Jurors  in  Criminal  cases;  but  it  may  be  safely  assumed, 
that  of  the  amount  reported  under  the  head  referred  to,  at  least 
ten  thousand  dollars  has  been  expended  for  Jurors  in  civil 
suits,  so  that   this  much  would  be   saved  to  the  State  by 
adopting  the  policy  proposed.     But  a  still  greater  saving 
w'ould  be  accomplished  by  devolving  the  cost  of   "  Criminal 
Prosecutions"  upon  the  counties,     AVere  this  done,  in  con- 
nection with  the  measure  already  recommended,  the  annual 
relief  to  the  Treasury  would  be  upwards  of  lifty  thousand 
dollars — the  two  items  amounting,  for  the  present  year,  to 
the  sum  of  fifty-four  thousand  four  hundred  and  thirty  dol- 
lars and  thirty-nine  cents.     Under  the  head  of  "  Criminal 
Prosecutions"  is  embraced  the  expense  of  all  violations  of 
the  criminal  law  of  which  cognizance  is  taken  by  the  Justi- 
ces as  well  as  the  Circuit  Courts,  and  the  stream  of  accounts 
pouring  into  the  Treasury  in  connection  therewith  is  inces- 
sant.    An  examination  of  some  of  these  by  the  General  As- 
sembly could  not  fail  of  suggesting  speedy  reform,  even  if 
the  plan  of  devolving  the  whole  expense  upon  the  counties 
should  not  be  concurred  in.     As  the  law  stands,  there  is  an 


iiiclncement  for  notice  to  Ije  taken  of  trivial  as  well  as  grave 
cases,  since  the  State  is  bound  for  the  expense  involved, 
"witliout  any  reference  whatever  to  the  nature  of  the  offence. 
If  the  counties,  however,  were  required  to  meet  this  expense, 
while  the  law^  in  all  its  essential  features,  would  be  as  rigidly 
enforced  as  it  now  is,  the  eoforceraeut  would  be  accompanied 
with  much  less  cost.  Jus-ices  of  the  Peace,  as  we^l  as  Grand 
Juries,  would  doubtless  be  more  circumspect  in  their  action, 
and  there  would  not  be  found  cumbering  the  dockets  of  our 
Courts  that  long  list  of  petty  cases,  M-hich,  while  they  serve 
but  little  to  vindicate  the  law  and  repress  crime,  are  always 
attended  with  great  expense. 

To  make  the  burden  fall  as  lightly  as  possible  upon  the 
counties,  all  fines  and  forfeitures  should  go  into  their  respec- 
tive treasuries.  Hitherto,  the  State  has  derived  compara- 
tively little  from  these.  Seldom  indeed  is  it  that  a  fine  or 
forfeiture  is  paid  into  the  Treasury.  The  Comptroller's  re- 
port shows  that  during  the  present  year  only  the  sum  of  five 
thousand  one  hunclred  and  thirty-nine  dollars  and  ninety- 
one  ceuis  has  bee' j  received  oi  these  accoiints — snggesting 
the  ic'ea  that  c'. he*;  Jui-ies  have  been  greaJy  averse  to  im- 
posing fines  as  a  mode  of  punish  meat — to  some  ofienders 
the  most  dreaded  of  all  punishments — or  that  they  have  not 
been  collected.  Besides,  it  is  no  uncommon  thing  for  a  jury, 
when-  a  fine  is  imposed,  to  make  it  in  utter  disproportion  to 
the  offence,  and  then,  in  whole  or  in  part,  after  leaving  the 
jury-box,  to  unite  in  a  petition  for  its  remission.  Tliis,  it  is 
believed,  would  not  be  the  case  were  the  cost  of  prosecu- 
ting criminals  to  devolve  upon  the  counties.  Fines  would  bo 
more  generally  imposed  than  they  now  are,  and  much  more 
certainly  collected,  and,  going  into  the  county  treasury, 
would,  in  many  instances  if  not  in  all,  more  than  pay  the 
cost  involved  in  the  prosecutions. 

More  than  this — as  the  law  now  stands  it  operates  with 
great  inequality.  There  is  reason  to  believe  that  many  of 
the  counties,  to  meet  J^their  Jury,  Witness,  Justices'  of  the 


10 

I'eace  and  Criminal  expenses,  draw  considerably  more  froiti 
the  Treasury  than  they  pay  in.  while  in  others  these  expen- 
ses, compared  with  the  amount  they  contribute  to  the  com- 
mon fund,  are  proportionately  small,  so  that  in  point  of  fact 
these  more  fortunate  counties — more  fortunate  in  having  a. 
class  of  j^opulation  less  disposed  to  violate  the  laws  of  the 
State — are  taxed  to  aid  in  defraying  the  cost  of  prosecuting 
crimes  not  committed  wdtliin  their  o\\ti  limits. 

Another  reform  in  connection  w^ith  this  subject  relates  to 
tlie  law  authorizing  a  change  of  venue.  That  law  pro- 
vides, that  upon  affidavit  being  made  by  the  party  accused 
that  he  has  reason  to  believe  that  impartial  justice  cannot  be 
obtained  in  the  coimty  where  the  alleged  crime  was  com- 
mitted, the  Court  is  required  to  transfer  the  case  to  some 
other  county  for  trial.  It  may  not  be  proper  to  advise 
the  repeal  of  this  feature  of  the  law,  but  to  recommend  such 
a  modification  of  it  as  would  vest  in  the  Judge  a  discretiona- 
rv  power  either  to  grant  or  reject  the  application  for  the 
change  of  venue. 

It  not  unfrequently  happens  that  these  applications  are 
made  more  for  the  purpose  of  delay,  (and  perjury  is  com- 
mitted, thus  adding  crime  to  crime,)  than  because  of  the  real 
e>dstence  of  any  feeling  in  the  county  prejudicial  to  the  case 
of  the  defendant.  Within  the  last  few  years,  two  cases  have 
occurred  in  West  Florida — the  one  a  white  man  ch9,rged 
with  murder  in  Holmes  county,  when  the  evidence  clearly 
established  the  most  diabolical  murder  for  the  purposes  of 
robbery.  The  venue  w^as  changed  to  Jackson  county ;  the 
party  was  convicted,  and  upon  a  technicality  of  law,  a  ncAV 
trial  was  granted,  the  venue  changed  to  Calhoun  county, 
where  he  was  again  convicted,  and  upon  another  technicality 
of  law,  an  appeal  was  taken  to  the  Supreme  Court — the 
judgment  of  the  Court  below  was  confirmed,  and  the  un- 
fortunate criminal  was  executed  under  the  sentence  of  the  law. 
The  costs  incurred  amounted  to  several  tliousand  dollars^ 
and  were  paid    l)y  the  State.     Th(^  otlior  rase  alluded  tc 


11 

was  tliat  of  <\  slave,  a  vicious  and  almost  worthless  slave^ 
charged  with  rape  upon  a  white  woman  in  Jackson  county, 
where  he  was  tried  and  convicted.  The  case  was  taken  up 
bj  appeal  to  the  Supreme  Court — a  new  trial  was  granted, 
the  venue  was  changed  to  Calhoun  county,  whei*e,  after  a 
patient  and  impartial  trial,  the  prisoner  was  again  found 
guilty.  The  presiding  Judge,  for  good  and  sufficient  cause, 
agreeably  to  existing  laws,  granted  a  new  trial,  and  upon 
application  the  venue  was  changed  to  Franklin  county, 
where  the  prisoner  was  tried  and  acquitted.  The  costs  in 
the  case  amounted  to  several  thousand  dollars,  which  were 
paid  by  the  State.  The  opinion  of  one,  who  has  prac- 
ticed law  many  years  in  Florida,  and  critically  observed  the 
progress  and  results  of  many  criminal  prosecutions,  is,  that 
public  justice  demands  the  repeal  of  the  law  authorizing  a 
change  of  venue ;  and  not  simply  because  of  the  cost 
which  has  been,  and  may  be  incurred,  but  as  a  preven- 
tive of  crime.  Those  who  are  disposed  to  commit  grave  of- 
fences, aware  of  the  opportunities  of  escape  from  punish- 
ment by  a  change  of  venue,  and  the  many  facilities  the  prac- 
tice aflbrds  to  exhaust  the  patience  of  witnesses  and  deter 
their  attendance  at  Court,  and  by  false  witnesses  brought 
into  the  presence  of  the  Court,  where  all  opportunity  to  dis- 
credit them  has  been  cut  off,  do  not  hesitate,  but  perpe- 
trate crime  with  a  reasonable  hope  of  avoiding  punishment. 
It  is  not  to  be  presumed  that  in  any  county  in  the  State,  a 
case  can  arise  where  it  would  be  impossible  to  procure  a 
jury  to  render  a  verdict  according  to  the  evidence.  And  it 
is  respectfully  suggested  that  the  act  granting  the  right  of 
appeal  in  criminal  cases  should  be  amended  so  as  to  limit  the 
right  of  appeal  to  questions  of  law,  not  embracing  matters 
of  fact,  and  be  made  to  depend  upon  the  sound  discretion 
of  the  presiding  Judge. 

THE   COMPTKOLLEr's   OFFICE. 

Tlie  law  authorizing  this  important  office  is  defective,  and 


12 

should  be  modilied.  It  is  the  great  auditing  department  of 
the  Governiuent,  and  in  it  are  deposited  the  tax  books  and 
all  papers  and  documents  relating  to  the  revenue,  as  well  as 
all  evidence  upon  which  warrants  on  the  Treasurer  are 
drawn.  It  is  evident,  thereli  'le,  thatin  the  ad  ministration  of 
its  afi'airs,  all  the  system  consintent  with  the  clerical  force  au- 
thorized to  be  employed  should  beinirochiced  and  inflexibly 
maintained  ;  and  to  this  end  it  is  suggested  that  the  law  be 
so  amended  as  to  require  the  keeping  of  a  debit  and  credit 
account  with  the  several  counties,  by  which  a^l  data  con- 
nected with  the  amounts  received  from  and  paid  to  any 
county,  whether  for  Jurors  in  civil  or  criminal  cases,  State 
"Witnesses,  &c.,  &c.,  may  be  readily  ascertaii-'ed.  It  has 
been  impossible,  for  the  want  of 'ib's  sysLcm  fi'om  the  ori- 
gin of  the  State  Government,  to  obtain  satistactoty  data 
upon  some  of  the  subjects  presented  in  this  message,  and  for 
that  reason  they  have  not  been  as  fully  discussed  as  Ibey 
otherwise  would  have  been.  It  has  not  been  possible,  for  in- 
stance, to  distinguish  between  Jurors  in  civil  and  Jiivors  in 
criminal  cases,  between  criminal  prosecntlons  in  Ciicuit  or 
Ju?iiccs'  CourtSj  or  to  arrive  at  the  amonnt  drawn  from  the 
treas  n  ry  by  the  separate  co  anties  for  each  and  all  of  these  items. 
Had  th  is  data  been  accessible,  the  General  Assembly  could 
act  more  understandingly  on  the  matters  herein  presented 
relative  to  the  modes  proposed  for  reducing  the  State  expen- 
ditures. The  modification  may  involve  a  "small  increase  in 
the  appropriation  for  the  clerical  force  of  that  office,  but 
this  will  be  more  than  counterbalanced  by  the  advantage  to 
be  derived  froni  the  change. 

If  the  office  be  deemed  of  sufficient  importance  to  be  re-- 
tained  as  one  of  the  departments  of  the  Government,  and  it 
is  difficult  to  perceive  how  it  can  be  dispensed  with,  the 
State  ought  not  to  withhold/  the  means  necessary  to  make  it 
as  efficient  as  possible. 

Tlie  present  Comptroller  has  been  engaged,  during  several 
-months  past,  in  bringiiig  up  and  balancing  the  books  of  his 


(Icpartmont  since  the  admission  of  tlic  State  into  tlie  late 
Union,  embracing  a  period  of  nearl}-  seventeen  years.  Tlie 
labor  has  been  great^  reqnii'ing  the  employment  of  an  ex- 
perienced acconitant,  at  coiis'dei'able  expense,  the  payment 
of  which  is  relen-ed  to  the  Legislaim-e,  ^vitll  the  recommen- 
dation that  snch  an  {ippropriaiion  shaU  be  made  for  its  licpii- 
datiou  as  may  be  considered  a  fair  compcnsat'ou  for  tlie  ser- 
vice rendered. 

The  recomn'enda.'ons  of  the  Com]itroller  on  tlic  snbject 
of  a  mod'iicapioii  of  the  Jaws  relating  to  payments  bv  the 
Treasurer,  and  a  month^v  c(»mparison  of  acconnts  between 
the  two  ofrices,  are  al^^o  refciTcd  to  the  General  Assembly 
for  their  favorable  consideration- 

The  ofhces  ot  ComiHroiler  and  Ti'easnrer  were  desio-ned, 
in  their  organization,  to  be  nmtnal  checks  npon  each  other. 
It  wonld  therefore  seem  to  be  proper  that  the  transactions  of 
each  relative  to  the  revonnc,  embracing  receipts  as  well  as 
payments,  shonld  be  nuitter  of  record  in  the  books  of  both  de- 
partments. In  no  other  way  can  these  ofHces  come  fnlly  up 
to  all  the  purposes  for  which  they  Avcrc  established. 

LUNATICS. 

I  respectfully  invite  the  attention  of  the  General  Assem- 
bly to  the  law  concern *ag  Luaailcs.  This  law,  founded  on 
the  highest  ])nncii)1es  of  humanity  and  dictated  by  the  best 
fee'ings  of  on;  naiure,  may  be  so  amended  as  to  lessen  the 
expense  incurred  by  the  State  without  affcf-L ing  injuriously 
the  ends  designed  by  its  enactment.  So  various  are  the  de- 
grees of  aberration  occuning  in  our  observation  and  experi- 
ence, admitiMTg  in  some  cases  of  lucid  intervals,  as  to  jnstify 
the  suggestion  that  you  would  so  modity  the  law  as  to  give 
a  discretion  to  the  Circuit  Judge  to  direct  the  lunatic  to  be 
sent  to  an  Asylum,  or  to  appoint  a  guardian  to  whom  his 
custody  may  be  committed,  or  otherwise  to  dispose  of  the 
lunatic  within  the  State  for  snch  compensation  to  be  paid  as 
in  the  judgment  of  the  Court  wonld  secure  the  best  good  of 


14 

tlie  lunatic,  \vliilrrt  it  ^\■Olllcl  lcs^oll  tlic  expense  to  wliieh  tlio 
ytate  -wuiild  be  eultjected.  It  is  a<lmitted  that  no  fixed  rule 
could  well  be  established  by  the  Legislature  to  this  end,  and 
lience  an  enlarged  discretion  should  be  vested  in  the  Circuit 
Judges,  to  be  exercised  according  to  the  circumstances  and 
the  character  and  degree  of  lunacy  developed  in  each  case. 

GKOKGIA   AX]:>    FLORIDA   EOrNDAKY. 

Shortly  utter  I  entered  npon  the  duties  of  the  Executive 
office,  I  received  from  the  Governor  of  Georgia  a  communis 
cation,  accompanied  by  a  resolution  adopted  by  the  General 
xVssembly  of  tliat  State,  copies  of  -which  are  herewith  trans- 
mitted, in  reference  to  the  question  of  boundary  between 
the  two  States.  I  informed  the  Governor  of  Georgia  that 
I  would,  as  I  now  do,  submit  to  your  consideration  the  res- 
olution transmitted  to  me,  together  with  all  matters  growing 
out  of  the  differences  on  the  subject. 

The  material  points  concerning  the  disputed  boundary 
between  Florida  and  Georgia,  may  be  summed  up  as  fol- 
lows : 

By  the  treaty  between  Spain  and  the  United  States  of 
22d  February,  1819,  Spain  ceded  to  the  United  States  the 
Territory  wdiicli  i^aw  constitutes  the  State  of  Florida,  with 
the  boundaries  as  they  then  existed.  These  boundaries  had 
been  definitely  agreed  iipon  by  treaty  stipulations  made  at 
San  Lorenzo  el  Eeal  on  2Ttli.  October,  1795,  between  the 
two  countries,  and  were  solemnly  ratified  by  both.  The 
treaty  of  the  2Tth  October,  1795,  was  acknowledged  and 
referred  to  in  the  treaty  of  22d  February,  1819.  To  ascer- 
tain the  true  boundary,  then,  it  is  only  necessary  to  refer  to 
the  treaty  of  San  Lorenzo  el  Real.  The  second  and  third 
articles  of  the  treaty  define  the  boundary  and  provide  for 
running  and  marking  the  line,  as  follows  : 

Article  2d — "  To  prevent  all  disputes  on  the  subject  of 
the  boundaries  which  separate  the  territories  of  the  two 
high  contracting  parties,  it  is  hereby  declared  and  agreed 


as  follows,  to  wit :  The  Soutlicni  boimdary  of  the  Uiiited 
States,  -VN-Iiicli  divides  tlieir  Territory  from  the  Spanish  col- 
onies of  East  and  West  llorida,  shall  be  designated  by  a 
line  beginning  on  the  river  Mississippi  at  the  northernmost 
point  of  the  thirty-iirst  degree  of  latitude  north  of  the 
Equator,  which  from  thence  shall  be  drawn  due  East  to  the 
middle  of  the  river  Apalachicola  or  Chattahoochee;  thence 
along  the  middle  thereof  to  its  junction  with  the  Flint  ; 
tlience  straight  to  the  head  of  the  St.  Mary's  river ;  and 
thence  down  the  middle  thereof  to  the  Atlantic  Ocean." 

Article  3d — "  In  order  to  carry  the  preceding  article  into 
effect,  one  Commissioner  and  one  Surveyor  shall  be  ap- 
pointed by  each  of  the  contracting  parties,  who  shall  meet  at 
Xatchez,  on  the  left  side  of  the  river  Mississippi,  before  the 
expiration  of  six  months  from  tlie  ratification  of  this  Con- 
vention, and  they  shall  proceed  to  run  and  mark  this  boun- 
dary according  to  the  stipulations  of  tlie  said  article.  They 
shall  make  plats  and  keep  journals  of  their  proceedings, 
Avhich  shall  be  considered  as  part  of  this  Convention,  and 
shall  have  tliesame  force  as  if  they  were  inserted  therein." 

From  the  Mississippi  to  the  Apalachicola  the  boundary 
line  was  a  certain  parallel  of  latitude,  which  could  at  any 
time  be  definitely  located,  and  so  between  those  rivers,  there 
is  not  now  any  controversy.  The  only  point  ofdifHciilty 
now  presented  is  the  line  from  the  junction  of  the  Chatta- 
lioochee  and  Flint  rivers  to  the  head  of  the  St.  Mary's  river, 
being  the  boundary  line  between  Georgia  and  Florida. 

In  conformity  with  the  stipulations  of  the  3d  article  of 
said  Treaty,  in  May,  1796,  Andrew  Ellicott  was  appointed 
Commissioner,  and  Thomas  Freeman,  Surveyor,  on  the  part 
of  the  United  States,  for  the  purpose  of  running  and  mark- 
ing the  boundary  line.  The  line  was  run  and  marked  as  far 
as  the  Chattahoochee  river.  On  account  of  the  hostility  of  the 
Indians,  the  Commissioners  were  compelled  to  desist  from 
attempting  to  run  and  mark  the  boundary  from  the  junction 
of  the  Flint  and  Chattahoochee  to  the   head  of  St.  Mary's 


JO 

Viver.  Considering,  however,  the  junction  ut'  the  Flint  arid 
Chattahoochee  as  a  fixed  andpennancnt  geographical  point, 
thev  co:i eluded  to  ascertain  and  designate  the  head  of  the 
St.  Mary's  as  the  Eastern  terminui^,  in  order  that  the  line 
inio'ht  thei-eaCter  be  run  and  marked  between  those  points 
when  the  ditiicnViies  then  existing  might  be  removed.  As- 
cending the  St.  Mary's  river,  the  Commmissioners  agreed 
upon  a  spot  which  was  to  be  considered  as  "  the  head  of  St; 
i>Iarv's  river."  They  erected  a  mound  of  earth  which  is 
now  known  as  "Ellicott's  Mound."  According  to  the 
journal  of  Mr.  Ellicott,  "  it  was  therefore  agreed  that  the 
termination  of  a  I'ae  supposed  to  be  drawn  JST.  45  deg.  E. 
640  perches  ?i'oni  Ihe  Moi'nd  B.,  should  be  taken  as  a  point 
to,  or  near  which,  a  T^e  should  be  drawn  from  the  mouth  of 
the  Flint  river ;  wliich  line,  when  drawn,  should  be  final, 
and  co'isiclered  as  the  permanent  boundary  between  the  Uni- 
ted States  and  Ilis  Catholic  Majesty,"  &c.  The  Commis- 
sioners closed  their  labors,  and  submitted  their  plats  and 
journals  to  their  respective  Governments.  They  were  ap- 
proved, and  thereby  their  acts  were  sanctioned. 

It  would  sce^n,  ihen,  that  tlie  termini  of  the  line  now  con- 
stituuingthe  boi-"Klc^ry  belween  Georgia  and  Florida,  were 
the  jnncLion  o'i  the  Chattahoochee  and  Flint  rivero  and  a 
point  64:0  perches  K  45  cleg.  E.  of  Ellicott's  Mound.  Were 
that  agreed  upon,  the  runn"ag  and  marking  the  line  is  not 
a  matter  of  argnmeat  or  theory,  but  a  question  of  fact,  to  be 
determined  by  competent  scrveyors. 

Upon  the  si'-ppos'  *on  that  these  are  the  two  termini,  the 
United  States  a  ad  Flo/ida  acted;  but  upon  an  equally  just 
supposition  that  an  ex  parte  survey  might  be  erroneous,  the' 
United  States  refrained  paitially,  and  the  State  of  Florida 
has  wholly  refrained  from  assuming  any  surveyor's  line  to 
be  entirely  correct,  and  thei'efore  none  of  the  fractional  lands 
adjacent  to  what,  by  the  U.  S.  surveys,  was  supposed  to  be 
the  true  boundary,   were  rendered  subject  to    entry,   ex- 


(•('})t  to  pre-emptors  nndor  the  Fiiitetl  States  lawt^,  Sncli, 
liuwever,  lias  not  Leon  the  course  of  our  sister  State. 

It  was  insisted  l)y  Georo-jn  tiiat  Mr.  Ellicott  mistook  tlie 
-liead  of  tlie  St.  Mary's  river,  and  that  the  Connnissioiiers 
transcended  tlieir  })owers  in  agreeing  upon  a  certain  point 
as  the  assumed  liead. 

The  controversy,  tlierefore,  M^as  hased  on  one  of  two  ])rop- 
ositions — 1st.  Shall  the  point  designated  by  the  Counnission- 
ers  be  assumed,  lea.\ing  the  mechanical  operation  of  running 
and  marking  the  line  to  be  performed  by  competent  survey- 
ors;  or,  2iul.  Shall  the  designated  point  be  aban(U)ned,  and 
the  true  source  of  the  St.  Mary''s  be  ascertained  and  estab- 
lished as  the  Eastern  terminus  of  the  dis])uted  boimdary. 

It  Avas  insisted  by  Florida  that  the  ratification  by  Spain 
and  the  United  States  of  the  proceedings  of  the  Commission- 
ers established  the  points  of  termini  as  fully  as  though  these 
points  had  been  specified  in  the  treaty.  It  Avas,  however, 
generally  supposed  that  Mr,  Ellicott  did  not  ascertain  the 
true  source  of  the  St.  Mary's  river,  but  that  had  he  done 
so,  the  P]astern  ternn'nus  would  have  been  located  several 
miles  North  of  the  ]\[ound.  Florida,  however,  has  always 
acrpiiesced  in  the  action  of  the  Commissioners,  and  has  al- 
ways been  willing  to  recognize  Ellicott's  Mound  as  the  head 
of  St.  Mary's  river,  so  far  as  relates  to  the  cpiestion  of 
boundary. 

In  ISIS,  Georgia  appointed  Commissioners  to  ascertain 
Avhether  Ellicott's  ]\[ound  was  at  the  head  of  St.  Mary's  riv- 
er. They  reported  that  Mr.  Ellicott  had  not  mistah'n  the 
true  head  of  said  river.  The  Governor  of  Geoi-gia,  on  the 
3rd  of  March,  1819,  reported  to  the  Secretaiy  of  AVar  the  re- 
sult of  the  commission. 

Subsequently,  a  lull  was  introduced  in  Congress  by  a  Sen- 
ator from  Georgia,  to  provide  for  running  and  marking  the 
boundary,  and  became  a  law  on  the  -Ith  May,  1820,  which 
provided  "that  the  line  so  to  be  run  and  nnirkcd  shall  run 
Straight  from  the  junction  of  said  rivers  Chattahoochee  and 
3* 


.   18 

Flint,  to  the  p<»iiit  designated  as  tlie  head  of  tlic  St.  Mary's 
river,  by  the  Connnirfsioner  appointed  under  tlie  third  Arti- 
cle of  the  treaty  of  friendship,  limits  and  navigation,  be- 
tween the  Ujiited  States  of  America  and  the  King  of  Spain, 
made  at  San  Lorenzo  el  Real  on  the  9tli  day  of  Oct.,  ITiio/' 
Georgia  appointed  a  Commissioner  and  Surveyor  to  act  in 
conjunction  with  those '  of  the  United  States,  to  run  and 
mark  said  line,  in  conformity  with  tlie  Act  of  Congress. 
AVhen  the  survey  was  almost  completed,  the  Governor  of 
Georgia  required  the  Commissioner  of  that  State  to  desist 
from  further  co-operation  with  the  Ihiited  States  Commis- 
sioner, until  the  true  head  of  the  St.  Mary's  could  be  ascer- 
tained. The  survey  was  never  completed.  The  contest 
since,  on  the  })art  of  Georgia,  has  been  with  reference  to  the 
true  head  of  the  St.  Mary's  river,  that  State  contending  that 
the  South  or  Middle  Prong  of  said  river  is  the  main  branch 
and  is  the  true  river. 

There  have  been  two  lines  run  and  marked  from  the  junc- 
tion of  the  Chattahoochee  and  Flint  rivers  to  Ellicott's 
Mound  on  the  St.  Mary's,  purporting  to  be  in  conformity 
with  the  treaty.  One  is  usually  known  as  the  "  McNeil 
line,"  the  other  as  the  "  Watson  line."  The  United  States 
claimed  the  right  to  sell  lands  to  the  upper  or  "  McNeil 
line,"  and  did  accordingly  dispose  of  lands  to  that  line. 
Georgia  exercised  the  right  of  disposing  of  the  lands  to  the 
lower  or  ""  Watson  line."  This  has  involved  the  question 
of  individual  title,  as  well  as  the  right  of  jurisdiction  within 
the  disputed  territory.  In  1815,  a  correspondence  was 
opened  between  the  Governors  of  the  two  States  in  refer- 
ence to  this  snbject.  Commissioners  wpre  appointed  by  the 
two  States  for  the  purpose  of  adjusting  the  boundary,  but 
failed  to  accomplish  that  object. 

At  the  fourth  session  of  our  General  Assend)ly,  the  Gov- 
ernor called  the  attention  of  that  body  to  the  question  of  the 
disputed  boundary,  and  transmitted  a  copy  of  a  report  and 
resolutions  adopted  by  the  Legislature  of  Georgia,  in  which 


19 

Ji  j)ropositi()ii  Avas  made  to  .siibiiiit  the  (jiiestiun  to  tlic  Su- 
preme Court  of  the  United  States.  The  report  coiichides 
M'ith  these  words:  "  Your  Committee,  iu  tlius  recommend- 
ing a  mode  for  tlic  adjustment  of  this  long  standing  contro- 
versy, -svould  bv  no  means  limit  the  discretion  of  the  Execu- 
tive as  to  the  points  or  questions  submitted,  with  the  con- 
currence of  Florida,  to  the  decision  of  the  Supreme  Court. 
"We  recommend  that  the  Governor  take  any  and  all  such 
stops,  to  close  this  controversN'  in  an  amicable  manner,  as  his 
judgment  may  dictate  ;  and  with  a  view  of  furnishing  to  our 
sister  Florida  the  evidence  of  our  feelings  in  this  matter,  be 
it  resolved  that  the  Governor  be  requested  to  transmit  to  the 
Governor  of  Florida  a  copy  of  tlus  report  and  resolutions  " 
In  accordance  with  the  suggestions  of  Georgia,  the  State  of 
Florida  filed  a  bill  in  the  Supreme  Court  of  the  United  States 
to  confirm  and  quiet  the  boundary  line.  In  the  message  of 
the  Governor  of  Georgia  to  the  Legislature  ot  that  State,  the 
course  of  Florida  in  this  matter  was  characterized  as  dis- 
courteous" to  the  State  of  Georgia.  This  occasioned  a  cor- 
respondence between  the  Executives  of  the  t^^'o  States,  in 
which  Florida  was  ably  vindicated  and  confessedly  exonera- 
ted from  the  charge  of  "discourtesy."  It  seems,  however, 
that  the  State  of  Georgia  still  preferred  that  the  matter 
should  be  decided  without  reference  to  the  Supreme  Court. 
On  February  11,  1S50,  the  Legislature  of  Georgia  adopted 
resolutions  authorizing  the  Governor  to  make  by  negotiation, 
arbitration  or  otherwise,  a  full  and  final  settlement  of  all 
points  in  dispute  relative  to  the  boundary  line;  and  recom- 
mended the  selection  of  one  Commissioner  on  behalf  of  each 
State,  "v^'ltli  power  to  appoint  a  third  Commissioner,  to  whom 
all  points  of  diftcrence  should  be  referred,  and  agreed  that 
the  award  or  decision  of  said  Commissioners  should  be  final 
and  conclusive.  The  Governor  of  Georgia  suggested  to  the 
Governor  of  Florida  the  appointment  of  one  Commissioner 
on  behalf  of  each  State,  and  in  case  of  disagreement,  that 
the  Governor  of  some  other  State  be  chosen  as  umpire.    This 


20 

F'U.U'gcstlon  was  not  assented  to  by  the  Governor  of  riorida. 
lie  proposed  tlie  adoption  of  the  "  Mc^s  eil  line."'  This  prop- 
osition was  deeh'ned.  During  this  correspondence,  the  suit 
in  tlie  Supreme  Court  was  suspended.  Ko  means  of  adjust- 
ment being  agreed  npon,  the  case  was  reinstated. 

Bv  Act  of  "December  31,  1850,  the  Governor  of  tliis  State 
was  "  autliorized  and  required  to  take  such  steps  as  may  to 
him  seem  necessary  and  proper  for  expediting  and  forward- 
ing tlie  settlement  of  the  controversy  between  tins  State  and 
the  State  of  Georgia  in  regard  to  their  line  of  boundary." 

In  ISo-l,  by  desire  of  the  counsel  for  Georgia,  a  de- 
cretal order  was  entered,  by  consent,  for  tlie  appointment 
of  Commissioners,  first,  to  rnu  and  mark  a  line  from 
the  junction  of  the  Flint  and  Chattalioochee  rivers  to  tlie 
point  designated  by  the  Commissioners  under  the  treaty  of 
1795  ;  and  secondly,  to  determine  the  head  of  the  St.  Ma- 
ry ^s  river,  and  run  a  line  accordingly — the  action  of  such 
Commissioners  not  to  prejudice  the  rights  of  either  party. 
The  time  allowed  not  being  sufficient  to  accomplish  the  pur- 
pose, the  order  was  modified  so  as  to  authorize  the  Com-, 
missioners  simply  to  determine  the  head*of  St.  Mary's  river, 
Tlie  agreement  under  which  said  decretal  order  was  to  be 
executed  was  as  follows,  to  wit  : 

"  By  and  with  the  consent  of  the  Governors  of  Florida  and 
Georgia,  the  undersigned,  Solicitors  for  the  parties  respect- 
ively, have  agreed  as  follows  : 

"  1st.  The  Commissioners  and  Surveyors,  in  the  execution 
oi"  the  interlocutory  order  of  the  Court,  may  begin  by  ex- 
amining the  point  alleged  to  have  been  determined  by  Elli- 
cott  and  Minor  as  the  head  or  source  of  the  St.  Mary's  river. 
If  they  find  that  to  be  the  true  head  or  source,  then  they 
shall  run  a  line  from  thence  to  the  confluence  of  the  Flint 
and  Chattahoochee. 

"2nd.  If  they  find  that  not  to  be  the  true  head  or 
source  of  the  St.  Mary's  river,  then  they  are  to  search  for 
such  head  or  source,  and  having  ascertained  and  determin- 


21 

cd  the  same,  tliev  shall  run  a  line  i'vom  thence  to  the  con- 
fluence of  the  Flint  and  Chattahoochee. 

"  3rd.  The  undersigned  consent  to  waive  all  objections  to 
any  departure  from  the  terms  of  the  interlocutory  order 
■which  shall  be  consistent  with  the  terms  of  this  agreement." 

This  agreement  was  signed  by  the  Solicitors  of  both  pai'- 
ties. 

Under  these  orders  and  agreement,  the  two  States  appoint- 
ed Commissioners  and  Surveyors.  These  Commissioners 
entered  upon  the  discharge  of  the  duties  assigned  them,  and 
proceeded  in  their  work  until  the  Commissioner  and  Sur- 
veyor appointed  by  Georgia  were  withdrawn  by  order  of 
the  Governor  of  said  State.  The  cause  of  such  withdrawal 
was  that  the  two  Commissioners  could  not  agree  as  to  the 
true  head  of  the  St.  Mary's  river,  the  Georgia  Commission- 
er insisting  upon  Lake  Randolph  as  the  point,  and  fliata 
line  should  be  run  from  Lake  Randolph  to  the  "Western  ter- 
minus. 

The  Commissioners  had  agreed  to  run  a  guide  line  from 
Ellicott's  Mound  to  the  junction  of  the  Flint  and  Chatta- 
hoochee rivers,  and  correct  the  line  back.  It  was  insisted  by 
the  Georgia  Commissioner  that  another  line  should  be  run 
from  Ltike  lvandolj)h  ( or  Ocean  Pond, )  to  said  junction. — ■ 
To  this  the  Florida  Commissioner  objected,  upon  the  ground 
that  the  Commissioners  had  no  right  to  run  any  line  except 
the  one  first  designated,  and  another  from  the  point  agreed 
upon  as  the  "  head  of  St.  Mary's  river."  During  the  time  of 
the  survey  from  Ellicott's  Mound  to  the  junction  of  the  Flint 
and  Chattahoochee,  the  order  Avas  received  from  the  Gov- 
<;rnor  of  Georgia  which  suspended  the  work. 

The  correspondence  upon  tliis  vexed  question  was  continu- 
ed between  the  Governors  of  the  two  States  until  December, 
1S57.  The  basis  of  settlement  finally  agreed  upon  by  the 
Governors  was:  "To  adopt  the  terminal  points  of  the 
"|»rcsent  recognized  line  as  ^thc  true  terminal  points  of  the 


22 

boundary  line,  to  be  re-surveyed,  corrected  and  marked: 
Provided,  it  is  shown  by  either  party  tliat  the  present  line 
is  incorrect,  subject  to  the  ratification  of  the  respective  Leg- 
islatures of  Georgia  and  Florida." 

Tlie  Legislature  of  Georgia,  on  the  29th  December,  1857, 
adopted  resolutions  ratifying  the  agreement  entered  into  by 
the  Governors,  and  resolving  that  Georgia  would  "  regard, 
adopt  and  act  upon  the  present  line  as  run  and  recognized 
between  those  points  as  the  settled  boundary  of  the  two 
States,  or  will  so  recognize  and  adopt  any  other  line  between 
those  points  which  may  be  ascertained  and  established  on  a 
re-survey  and  re-marking  of  the  boundary,  provided  said 
boundary  correction  is  made  by  virtue  of  law  and  by  the 
joint  action  of  the  States  aforesaid."  The  resolutions  provi- 
ded for  the  appointment  of  a  Surveyor  on  the  part  of  Georgia, 
to  act- with  a  Surveyor  on  the  part  of  Florida,  for  the  pur-^ 
pose  of  running  the  line  between  the  terminal  points  indi- 
cated. 

On  January  12th,  1859,  the  action  of  the  Governors  Avas 
ratified  by  the  Legislature  of  Florida  under  resolutions  iden- 
tical with  those  of  Georgia — such  resolutions  having  been  in 
fact  copied  from  those  adopted,  by  Georgia,  fully  and  lit- 
erally, except  the  necessary  transposition  of  the  names  of  the 
two  States.  Thus  was  a  solemn  agreement  entered  into, 
which  gave  promise  of  an  early  settlement  of  a  protracted 
and  perplexing  controversy. 

On  November  22nd,  1859,  a  resolution  of  the  Legislature 
of  Georgia  was  approved  by  the  Governor,  providing  for  the 
appointment  ot  a  special  agent  to  visit  Florida  to  confer 
with  the  Executive  of  Florida  and  to  enter  into  negotiations 
to  restore  quiet,  &c.,  between  the  citizens  of  the  two  States, 
nntil  the  boundary  could  be  adjusted  and  agreed  upon. — 
The  cause  of  disturbance  of  cpiiet  among  the  citizens  which 
Georgia  wished  to  lull,  was  the  anticipated  confiict  of  title 
between  purchasers  and  legal  claimants  of  land  upon  or  near 
the  boundai'v. 


2;^ 

In  the  moantime.  Surveyors  had  been  appouited  by  the 
t\vo  States  for  the  purpose  of  running  the  line — Gustavus 
J.  Orr  on  the  part  of  Georgia,  and  Benjamin  .F.  AVhitnei-, 
Jr.,  on  tlie  part  of  Florida.  These  Surveyors  proceeded  to 
the  discharge  of  their  duties  and  recommended  that  the 
straight  line  run  from  the  mouth  of  Flint  river  towards 
Mount  B.,  should  be  adopted  as  the  boundaiy  line  between 
Florida  and  Georgia,  provided  said  line  does  not  depart 
more  than  one-fourth  of  a  mile  from  Mound  B.  Should  the 
departure  exceed  that  distance,  the  Surveyors  recommended 
the  running  of  a  cor»e€tion  line  back  from  Mound  B.  to  the 
month  of  Flint  river. 

On  the  22nd  December,  1859,  an  act  of  the  General  As- 
sembly of  Florida  was  approved  recognizing  and  approving 
the  line  then  being  run  as  the  permanent  boundary  line, 
provided  its  Eastern  terminus  should  nqt  depart  from  Elli- 
cott's  Mound  more  than  one-fourth  of  a  mile.  Said  act  con- 
conrirmed  to  hona  fide  holders  of  lands,  under  any  grant 
from  Georgia,  their  titles  to  such  lands,  except  where  such 
titles  would  conflict  with  those  of  citizens  of  Florida  South 
of  the  McXeil  line. 

The  Legislature  of  Georgia  passed  a  similar  act  confirm- 
ing individual  titles,  but  containing  no  reservation.  The 
United  States,  by  act  of  Congress,  also  confirmed  the  title  of 
the  purchasers  from  Georgia. 

The  Surveyors  run  the  line,  which  was  so  accurately 
drawn  as  to  be  almost  perfect.  On  February  8th,  1801,  the 
State  of  Florida  recognized  such  line  and  declared  it  to  be 
the  permanent  boundary. 

The  only  official  communication  I  have  received  which 
would  indicate  that  the  established  line  is  not  the  true  boun- 
dary, is  contained  in  the  letter  from  the  Governor  of  Georgia, 
and  the  resolutions  to  which  I  first  referred.  I  would  re- 
({uest  that  your  bod}^  will  tnke  this  matter  into  consideration, 
and  adopt  such  measures  as  you  may  deem  expedient  to 
bring  this  controversy  to  an  end. 


24 

I  liave  given  a  succinct  liistoi'y  of  tlic  material  fact*  con- 
nected -with  tliis  controversy,  not  that  I  consivler  it  material 
to  trace  the  recoi'd  further  back  than  the  adoption  by  both 
States  of  the  terminal  points,  but  because  I  desire  that 
reference  may  be  had  to  such  points  as  show  that  Florida 
has  never  exhibited  a  disposition  to  protract  the  contest. 

It  was  contended  by  Florida  that  the  point  designated  by 
the  Commissioners  should  be  regarded  as  the  Eastern  termi- 
nus. It  wa  never  insisted  by  Florida  that  such  point 
shoiild  be  so  considered.  If  that  point  was  rejected,  and  it 
was  insisted  that  a  just  settlement  of  ^he  dispute  required 
an  ascertainment  of  the  true  head  or  source  of  the  St. 
Mary's  river,  Florida  was  always  willing  to  acquiesce. 
When  requested  to  bring  the  matter  for  adjudication  be- 
fore the  Supreme  Court  of  the  United  States,  she  tiled  a 
bill  accordingly.  When  that  proceeding  was  objected  to, 
orders' were  given  to  suspend  further  proceedings  in  the  suit. 
When  an  order  by  consent  was  issued  by  the  Court  to  ap- 
point Commissioners  and  Surveyors  to  ascertain  the  true 
line,  &c.,  Florida  gave  obedience  to  the  mandate.  When, 
after  disagreement,  certain  termini  were  agreed  upon,  she 
appointed  her  Surveyor  and  ratified  the  survey  as  marked 
by  the  Surveyors  of  Georgia  and  Florida,  as  they  had  re- 
commended. AVhen  called  upon  to  confirm  the  titles  made 
by  Georgia  to  any  lands  ^vliich  might  fall  within  the  limits 
of  Florida,  she  respondexl  as  far  as  she  had  any  power.  She 
confirmed  all  titles  granted  by  Georgia,  except  where  they 
conflicted  with  the  rights  of  citizens  of  Florida  under  acts 
of  the  United  States  or  the  State.  This  exception  amount- 
ed to  nothing  in  law.  Our  State  cannot  deprive  a  citizen 
or  foreignef  of  his  vested  rights.  The  exception,  in  point  of 
fact,  is  in  favor  of  Georgia,  virtually  declaring  that  Florida 
did  not  and  does  not  recognize  as  legal  any  title  given  to 
land  (either  by  the  State  or  General  Government,)  lying 
North  of  the  McXeil  line,  and  at  the  same  time  recognizing 
tlie  titles  granted  by  Georgia  South  of  that  or  any  other 
line,  so  far  as  the  State  could  recognize  them. 


With  this  message,  your  liuiiurublu  body  will  kavc  sub 
jaitted  to  your  eousideratiou  tlie  reports  of  tlie  Comptroller, 
the  Treasurer,  the  Land  IJcgister  and  the  Attorney  Gene- 
ral, and  I  ^vonld  respectfully  recommend  the  appointment 
of  Committees  to  investigate  the  condition  of  the  several 
departments,  and  especially  that  of  the  Executive  and  the 
offices  immediately  connected  therewith — the  Adjutant -and 
Inspector  General's  office  and  that  of  the  Quartermaster 
General.  I  desire,  and  in  justice  to  myself  as  Executive  of 
the  State  urge  upon  the  General  Assembly,  to  ascertain  and 
report  the  true  condition  of  alfuirs,  and  especially  in  refer- 
ence to  financial  matters,  that  the  administration  of  the 
State  Government,  during  the  term  of  office  for  which  the 
present  Executive  has  been  elected  and  qualified,  may  de- 
pend  upon  its  merits  or  demerits  for  character  in  the  future 
history  of  our  State  aftairs. 

The  suggestions  of  this  message  have  been  limited  to  sul)- 
jects  which,  in  the  j,udgment  of  the  Executive,  require  action 
by  the  General  Assendjly  in  the  present  condition  of  our 
State  and  national  afiairs,  without  calling  attention  to  such 
other  matters  of  less  general  importance,  which,  in  more 
settled  times,  might  have  engaged  your  deliberations. 

In  conclusion,  permit  me  to  state  that  I  am  ready  and 
anxious  to  co-operate  with  you-  in  every  efibrt  which  your 
Avisdom  may  suggest  to  sustain  the  noble  cause  in  which 
the  people  of  the  Confederate  States  of  America  are  en- 
gaged, and  to  render  the  name  of  Florida  glorious  in  the 
contest  now  bfeing  waged  between  fi-eedom  and  tyranny. 
"  In  God  is  our  tkust,"  and  humbly  invoking  the  Divine 
blessing  upon  your  deliberations,  and  upon  the  brave  and 
generous  people  you  represent, 

I  am,  most  respectfully, 

Yoiu'  lellow-citizen, 

JOHN  milto:n^ 

4* 


I^OCUJMEDSrTS 

.\CCOMP.\XYIXG  THE  GOYERXOR'S  MESSAGE. 


COMPTKOLLEB'S  REPORT. 


TuEAsrnv  Department,  CorPTnorj.KK's  Offkk,  > 
TitUa/iasscey  JVovember  l,  \SG].  \ 

To  liis  Excellency  Joiix  IMiltox, 

Governor  of  Florida : 

Sir: — Appointed  Comptroller  by  his  Excellency  Governor  ]\r. 
S.  Perry,  the  Legislatnre  failing  to  elect,  I  assnmed  tlie  position 
and  entered  upon  the  duties  appertaining  to  f>aid  office,  Deceni- 
her  1  Gth.  1 8G0. 

On  an  examination  of  the  hooks,  I  discovered  a  great  many 
misettled  ^accounts  and  some  of  long  standing,  and  suits  in  many 
instances  never  having  been  instituted  against  the  Tax  Collectors 
and  Sheriffs  to  force  thcin  to  a  settlement,  I  employed  a  compe- 
tent accountant  to  draw  off  all  unsettled  accounts.  The  said  ac- 
countant accordingly  drew  oft'  and  procluced  accounts  aijainst 
defaulting  Tax  Collectors  and  Sheriffs  to  the  amount  of  One 
Hundred  and  Seven  Thousand  Seven  Hundred  and  Eighty- 
five  Dollars  and  Forty-six  cents. 

I  immediately  mailed  to  each  defaulting  Tax  Collector  and 
Sheriff  his  account,  enclosed  witli  a  request. for  an  immediate 
settlement.  In  some  instances  tliey  have  responded  and  made 
remittances,  and  Avliere  they  Lave  not,  I  liave  instructed  the 
Solicitors  of  the  several  districts  to  institute  suits  against  tliem 
upon  their  bonds.  This  seems  to  hjive  been  neglected  heretofore, 
as  there  is  no  evidence  in  this  office  of  any  suits  having  been 
commenced  against  officers  in  arrears. 

During  the  making  out  of  said  accounts,  tlie  accountant  noti- 
fied me  that  there  had  been  important  omissions  of  entries  in  the 
Day  Book  and  Ledgers  belonging  to  tlie  office,  and  I  thereupon 
instructed  him  to  go  over  the  entire  books  and  rectify  omissjojis 
from  the  beginning  to  the  :^lst  of  October,  1861. 


bmc;.'  Liio  year  1848,  tliorc  liavo  boon  no  entrk'S  innde  of  tlio 
■warrants  drawn  niion  iho  Treasurer.  The  Treasurer's  accomita 
liad  never  been  properly  balanced.  Tlioy  Avei-c  cliarGjed  yyhh.  the 
receipts  pr()])«.'r  v.i\'i  liKcwise  witli  receipts  in  relation  to  the  In- 
ternal Improvement, -School  and  Seminary  Funds,  and  yet  had 
notbc?n  credited  "with  the  warrants  draAvn  upon  them. 

Tie  prose"!  T'  easu!-or  has  One  Million  and  Seventy-nine  Thou- 
sai  d,  T"wo  Hundred  and  Fifty-nine  Dollars  and  Sixty-three  cents 
charged  to  linn,  but  the  credit  side  is  blank — he  never  having 
beeti  credited  for  a  single  "warrant  drawn  upon  liini. 

Thelnternallmprovement  Fund  stands  credited  by  the  amount 
of  Fifty-seven  Thousand  Nine  Hundred  and  Six  Dollars  and 
Forty-three  cents,  when  properly  it  should  be  Thirty  Thousand 
Dollars. 

The  School  and  Seminary  Funds  are  credited  by  a  balance  of 
.  One  Hundred  and  Forty  Thousand  Xine  Hundred  and  Forty- 
eight  Dollars  and  Thirty-four  cents,  when  properly  the  State  has 
settled  with  both  by  Bonds  to  the  amount  of  Fifty-nine  Thou- 
sand Dollars.  David  S.  Walker,  the  former  Register,  stands 
credited  vrith  Forty-nine  Thousand  One. Hundred  and  Forty-six 
Dollars  and  Xinety-tln-ee  cents;  and  Hugh  A.  Corley,  the  pres- 
ent Register,  with  Fifteen  Thousand  Xine  Hundred  and  Eighty- 
eight  IJoUars  and  Ten  cents.  T.  W.  Brevaj-d,  the  former  Comp- 
troller, stands  debited  by  balance  to  Fifteen  Thousand  Six  Hun- 
dred and  Xincty-four  Dollars  and  Fortj'-four  cents  in  casli,  when 
none  has  been  received.  The  Books  shew  that  Two  Hundred 
and  Forty-three  Thousand  Fonr  Hundred  and  Seven  Dollars  ancl 
Ninety-eight  cents  have  been  paid  out. 

■  Such  are  some  and  only  some  of  the  many  inconsistent  and 
erroneous  entries,  most  of  which  have  been  expunged[,  while 
others  have  been  rectified. 

Since  the  year  1848,  there  have  been  no-accounts  kept  shewing 
the  expense  for  which  the  State  has  been  liable.  For  instance, 
there  is  no  Executive,  no  Legislative,  no  Judicial,  no  Military, 
and  no  Contingent,  nor  other  necessary  expense'  accounts  to  be 
found  in  said  Book,  from  the  year  1848  down  to  the  year  ending 
November  1,  1860. 

The  revenue  accounts.  Fines,  Auction  and  License  Tax  ac- 
counts, have  been  kept  in  such  a  manner  as  to  show  that  they 
were  but  of  little  or  no  profit  to  the  State. 

Tv.'o  debits  arid  one  credit  were  made  in  most  instances  on 
receipt  of  money  into  the  Treasury ;  for  instance,  the  Treasurer 
was  debited,  and  the  Tax  Collector  or  SherilF  credited,  which 
was  right  and  proper,  but  at  the  same  time  the  accounts  on 
which  said  moneys  had  been  received,  were  also  debited,  which 
made  the  debit  side  of  the  book  twice  that  of  the  credit,  which 


IS  improper.  The  rovenuc  accounts  slioulJ  receive  no  debit, 
but  for  actual  expenses  of  collecting,  for  overcharges,  and  for 
Insolvencies  allowed  l)y  County  Commissioners. 

The  former  Comptrollers  have  attempted  to  keep,  not  only 
the  books  properly  belonging  to  the  State,  l>ut  have  blended 
tlierowith  and  endeavored  also  to  keep  the  books  of  the  Inter- 
nal Improvement,  School  and  Seminary  Fmids,  which  was  im- 
proper, they  being  separate  and  entirely  distinct  organisations. 
It  is  true,  transactions  may  occur  with  any  and  all  of  them,  but 
only  in  so  far  as  each  is  individually  indebted  to  the  State,  or  the 
•State  indebted  to  them,  What  the  Trustees  of  the  Internal  Im- 
provement Fund  do,  have  notiiing  to  do  Avith  the  Stale  :  they, 
and  likewise  the  Trustees  of  the  School  and  Seminary  Fund's, 
are  se]iarate  and  distinct  organizations.  When  the  Comptroller 
is  made  Trustee  for  Scliool  and  Seminary  Funds,  and  draws 
liis  Avarrant  upon  the  Treasurer,  tliese  warrants  should  not  be 
mixed  with  the  warrants  he  draws  n|>on  the  State  Treasurer. — 
He  should  keep  separate  books  having  nothing  to  do  with  the 
books  pro])erly  belonging  to  his  office  as  Comptroller.  The  ac- 
countant has  accordingly  expunged  from  the  books  of  the  Comp- 
troller all  the  receipts  and  exjienditures  properly  belonging  to 
those  funds.  He  has  also  gone  over  the  entire  books  ofthis 
office,  has  opened  accounts  for  the  several  and  various  expendi- 
tures, and  has  rectiiied  the  diilerent  revenue  accounts  by  ex- 
punging entries  wrongly  j)0sted,  and  has  balanced  uj),  for  each 
year  separately,  each  of  said  se\eral  diilerent  revenue  accounts, 
showing  thereby  the  actual  i)rorit  derived  by  the  State  from 
them. 

He  has  also  made  out  a  l)alanre  sheet  for  each  j'car,  from 
1846  to  Xovember,  1S61,  inclusive,  showing  the  actual  expenses 
and  income  of  the  State,  and  the  balances  for  and  against  the 
State,  and  an  aggregate  of  the  entire  cx})enditures  of  the  gov- 
ernment, and  the,  aggregate  income  from  the  various  sources  of 
revenue. 

The  gross  amount  of  receipts  into  the  Treasury  np  to  October 
31st,  18(30,  arc  one  million  two  hundred  and  eighty-five  thousand 
two  hmidred  and  eighty-nine  91-100  dollars,  and  the  gross 
amount  of  warratits  draAvn  upon  the  Treasury  are  one  million 
one  hundred  and  seventy-four  thousand  six  hunditd  and  eighty 
one  82^100  dollars,  leaving  a  balance  of  one  hundred  and  ten 
tliousand  six  hundred  and  eighty  09-100  dollars;  Avhereas  the 
Treasuver,  in  his  report  of  October  31st,  1860,  shows  that  he  had 
paid  out  four  43-100  dollars  more  than  he  received.  This  dis- 
crepancy arises  from  the  fact  that  the  Treasurer  pays  out  money, 
of  which  the  Com]itroller  knows  nothing,  in  the  shape  of  interest 
upon  bonds-     This  will  account  for  the  discrepancy.     I    would 


rherofore  Vccommc'iul  to  the  Legislature  to  enact  a  law  reqnirinu- 
the  Treasurer  to  pay  out  no  money  from  the  Ti'easury  except  upon 
a  warrant  of  the  Com])troller,  and  that  when  he  pays  out  upon 
paid  Avarrant  that  lie* be  required  to  stamp  "^w/V/"  upon  said 
Avarrant,  and  return  it  into  the  oflice  of  the  Comptroller,  in  order 
to  ascertain  the  exact  amount  at  any  time  there  may  he  in  the 
Treasury,  and  that  the  Com])trollcr  and  Treasurer  l)e  required  to 
compare  accounts  on  the  first  day  of  eacli  and  every  month 
during  the  year. 

I  Avould  also  recommend  that  the  Legislature  take  into  consi- 
deration the  expenses  incurred  hy  the  State  undcr'the  head  of 
criminal  prosecutions,  a  very  large  portion  of  which  arises  from 
suits  Irt'ought  in  Justices  Courts  for  light  and  trivial  offences,  and 
in  almost  "every  case  the  offender  is  discharged,  and  if  convicted, 
receives  some  light  punishment,  by  no  means  sufficient  to  deter 
him  from  a  repetition  of  the  offence.  It  is  immaterial  whether 
he  is  convicted  or  not,  the  State  has  to  pay  all  the  costs. 

I  would  also  call  attention  to  the  maintenance  of  Lunatics 
sent  from  Florida  to  asylums  in  other  States.  There  has  been 
paid  alreadv  for  the  year  1861,  the  sum  of  81, 44/5  20-100,  and 
there  is  still  due  to  the  State  of  Georgia  .$2,7.47  70-100,  and  to 
South  Carolina  $443.  38-100.  These  billt^  should  be  paid  at  once, 
:md  a  larger  appropriation  made  for  the  ensuing  year. 

I  would  suggest  that  all  nratters  pertaining  to  the  School  and 
Seminary  Funds,  such  as  collecting  interest  and  investing  the 
same,  together  A^ith  the  custody  of  bonds, belonging  to  the  two 
Funds,  be  placed  under  the  control  of  the  Kegister,  ^nd  that  he 
he  authorized  to  draw  his  warrants  upon  the  Treasurer  for  all 
expenditures  accruing  under  these  Funds.  This  would  prevent 
confusion  in  the  accounts  in  this  office,  and  supersede  the  neces- 
sity of  keeping  a  separate  set  of  books. 

Xo  interest  has  been  collected  upon  the  Bonds  owned  by  either 
of  the  Funds  for  the  year  18&1. 

I  have,  as  Trustee,  invested  Five  Thousand  Dollars  for  the 
School  Fund,  and  One  Thousand  Dollars  for  the  Seminary  Fund,  in 
State  Bonds  issued  under  an  ordinance  of  the  Convention.  The 
Bonds  on  hand  now  belonging  to  the  School  Fund  amount  to 
$59,360  06-100,  to  Seminary  Fund  $8,633  94-100,  ten  thousand 
of  which  are  Florida  liailroad  Bonds,  and  Fifty-eight  Thousand 
are  State  of  Florida  Bonds — (see  report  for  year  1800.)  $57,492 
45-1 00  in  Bonds  belonging  to  School  and  Seminary  Funds  were 
turned  over  to  Governor  Perry  by  my  jiredecessor,  under  Keso- 
lution  No.  4  of  the  last  Legislature,  for  the  jjurpose  of  purcha- 
sing arms. 

You  will  see  by  the  table  furnished,  that  there  are  several 
Counties  that  have  failed  to  report  to  this  office  their  Tax  returns 


lor  the  year  1861.  The  Couiilies  of  Santa  Rosa  and  Cohun})ia 
Lave  made  no  returns  for  the  years  1800  and  ISGl.  There  should 
be  a  \avr  passed  to  the  effect  that  Tax  Assessors,  faiUng  to  fur- 
nish tlie  Comptroller  with  their  returns  by  the  time  prescribed 
by  law,  shoiild  pay  such  a  fine  as  Avould  insure  a  compliance  on 
their  i)art. 

I  lierewith  submit  an  abstract  of  the  condition  of  the  Finances 
of  the  State  for  eacli  year,  separately,  from  the  years  18-45  to 
1861,  inclusive,  it  being  impossible  to  have  my  report  printed  iu 
detail,  either  ia  Tallahassee  or  Savannah  iu  time,  on  account  of 
the  want  of  j'l'oper  type,  it  being  composed  almost  entirely  of 
figures  embracing  some  seventy  pages.  -  This  must  be  my  excuse 
for  not  complying  with  the  law  and  furnishing  you  with  printed 
copies. 

I  would  respectfully  suggest  that  a  Committee  be  appointed 
to  examine  the  condition  of  the  Books  in  this  oflice. 
Kesjjectfully, 

R.  C.  WILLIA3IS,'  Comptroller. 


The  receipts  at  the  Treasury  lor  the  year  ending  aist  Octo- 
ber, 1861,  amount  to  .  $115,315  90 
To  wit :— Revenue,  1855,  $    053  54 
185G,  341  80 
"          1859,  2,009  60 

1860,  94,660  49 

1861,  1,071  94 
Auction  Tax,  448  90 
Fines,  ■  5,139  91 
Licenses,  3,956  87 
Contribution  by  F.  H.  Rutledge,  500  00 
Public  Lands,  432  35 
Sale  of  Bonds,  6,000  00 

Sale  of  Books,  4  50— $115,315  90 

The  Warrants  issued  amount  to  $332,943  60 
To  wit : — Judicial  Department — 

On  account  of  Salaries,  $24,500  00 

Contingent  expenses  of  Supreme  Court,     2,532  64—$  27,033  64 
Executive  Department — 

0»account  of  Salaries,  $    5,100  00 

Criminal  Prosecutions,  26,788  35 

Jurors  and  Witnesses,  27,642  04 

Contingent  State  Expenses,  10,236  28 

Post  ]\Iortem  Examinations,  876  70 

Repairs  on  Capitol,  966  91 

Maintenance  of  Limatics,  1,445  20 

Presidential  Electors,  90  60 

Legislative  Expenses,  26,423  34 

Convention,  22,792  20 

Relief  Account,  2,883  43 


Public  Laml,  d.TOO  95 

Florida  YoUuueer.s  L.  S.  luai;'.u  liujiil- 

ities,  108,524  83 

Scrip,  79  98 

Treasury  Note  Expenses,  ToG  50 

Equipmciat  of  Yoluiitcers,  6,703  C5— $332,942  60 

Scliool  and  Seminary  Fund. — The  follo-w'ing  arc  the  Re- 
ceipts for  the  year  ending  31st  October,  1861  : 

On  account  School  Fund,  $7,629  67 

"        "        Seminarv  Fund,  2,675  80 

"        "       Interest  'School  Fund,  868  00—$  11,173  47 

"Warrants  drawn  for  the  same  period  are  as  follows : 

Seminary  Fund,  Reirister's  SaUuy,  $   700  00 

School  "  "  "  700  00 

East  Florida  Seminarv,  '        2,043  00 

AVest  Florida  Seminary,  2,043  00 

Interest  School  Fund,  pay  of  teachers,        3,759.60 
School  Fund  to  Gov.  lliL  S.  Perry,  by  Treas- 
urer, 13,000  00 
School  and  Semmarv  Bonds  turned  over 

to  Governor,        '  57,493  47 

School  Fund,  Relief  of  Walton  County,        485  70 
"        "      new  mode  of  Investment  in 
State  Bonds,  5,000  GO 

Scminaiy  Fund,  new  mode  of  Investment 

in  State  Bonds,  1,000  00 

School  Fund  Expense?,  16  63—$  85,338  35 

School  Fund  Bonds  on  Hand — 

44  State  of  Florida,  $1000,  7  percent,  $44,000  00 

10     "      "        "           500,  8    "        "  5,000  00 

Part  of  one  Bond,               7    "        "  8(50  00 

u      I.    u        u                    7    «        u  500  06 

9  Florida  RaU  Road,  $1,000,  7  per  cent,,  9,000  00—$  59,366  06 
Seminary  Fund  Bonds  on  Hand — 

6  State  of  Florida  Bonds,  gl,0C0, 7  per  ct.,  $6,000  00 

3    "     "        "            "       $500,    8  "    "  1,000  00 

1  Florida  Rail  Road,  $1,000,      7  "    "  1,000  00 

Part  of  one  Bond,  7  per  cent.,  140  00 

"     "    "       "      7    "    «  493  94—$    8,633  94- 


Report  oiEeveniie  Returned  1861. 


COUNTIES. 

AlacliUii,  no  return 

Brcviird 

Baker 

Clay 

CohiMihia,   no    return    for 

1800  and  01 

Callioun 

Duval,  no  return 

Dade,  no  return 

Eseanihia,  no  return 

Franklin 

Gailsdcn,  no  return 

Hamilton 

Ilillslioro' 

Hernando 

Ilohnes 

Jertcrson 

Jackson  

Leon 

•Levy 


S;nii.n4 

.)!)0.(51 
•JT^.bl 


1,0-23.02  l: 


2,983.74 


8,1S0.'3'2 
1,4:?7.2.-) 
2,3U.<)!) 
410.47 
0,(108.4!) 
0,OOS.:{-1 
l.->,!)41.4': 
1,314.94 


Liberty I  770.27 

Lafavetle,  no  return ! 

Madison i  6,771.43 

.Manatee,  1800 \  790.99 

Manatee.  18(il j  789.54 

Marion,  no  return | 

Naswiu 2,200.04 

New  River I  1,209.S1 

Orange 747..')."i 

Putnam 1,201.30 

Polk,  no  return 

St  .Tf)hns I  1,339.93 

Suwannee :  647.53 

Santa  Kosa,  no  return  for' 

1800  and  1861 ' 

Tavlor '  592.20 

Vo'lusia I  852.25 

Washington i  1,184.78 

Wakulla i  2,14().50 

Walton I  930.99 


ABSTRACT 

Of  Rereipta  and  Expoidltures  as  show7i  hi/  the,  Boohs  of  the 
Coinptrollei\  from  the  year  1845  to  Z\st  October,  1861,  inclu- 
sive. 

For  the  first  fiscal  year  of  the  goveninient,  encliiii::;  Octoher  31st, 
1840,  the  amount  of  receijits  at  the  Treasury  were  §28.498.44, 
and  th«  amount  of  warrants  issued  §50,000.55  ;  the  gross  amount 
of  revenue  §35,108.00,  and  gross  amount  of  ex}»enditure  §50,- 
314.24 — leavujg  a  halance  agamst  tlie  State  of  §21,200.24. 

For  tlie  year  ending  October  31st,  1847,  tlie  receipts  were 
§45,357.00,  and  warrants  issued  §52,787.40  ;  the  gross  amount 
of  revenue  §71,809.97,  and  expenditures  §54,584.21 — leaving  a 
halance  against  tlie  State  of  §3,980.48. 

For  the  year  endhig  Oct oher  31st,  1848,  the  recei])ts  were 
§50,832.72,  and  warrants  issued  §48,714.21  ;  gross  amount  of 
revenue  §90,258.50,  gross  amount  of  ex])en<liture  §54,775.10 — 
leaving  a  balance  in  favor  of  the  State  ot  §31,502.93. 

For  the  year  ending  October  31,  1849,  the  receipts  were  §58,- 
051.1 1,  and  warrants  issued  §55,807.79  ;  gross  amount  of  revenue 
5* 


^55,110.28,  gross  ninouiit  of  expenditure  $60,368.50— k-aviiig  a 
balance  in  flivor  of  the  State  of  120,244.71, 

For  the  year  ending  October  31st,  1850,  tlie  receipts  -were 
§46,070.84,  and  Avarrants  issued  $38,569.33  ;  gross  amount  of 
revenue  858,148.86,  gross  amount  of  expenditures  $40,331.36 — ■ 
leaving  a  balance  in  favor  of  the  State  of  $38,062.21. 

For  the  year  ending  October  31st,  1851,  tlie  receipts  were 
$!S4,147.25,  and  warrants  issued  -$;60,078.34  ;  gross  amount  of 
revenue  166,296.49,  gross  amount  of  exi)en<bture  870,591.11 — 
leaving  a  balance  in  favor  of  tlie  State  of  $33,767.59. 

For  tlie  year  ending  October  31st,  1852,  the  receipts  were 
$60,619.63,  and  warrants  issued  856,749.87  ;  gross  amount  of 
revenue  858,791.06,  gross  amount  of  expenditure  157,212.89 — ' 
leaving  a  balance  in  favor  of  the  State  of  835,345.76. 

P"'or  the  year  ending  October  31st,  1853,  the  receipts  were 
895,127.01,  and  warrants  issued  8107,955.35  ;  gross  amoimt  of 
revenue  804,685.84,  gross  auiount  of  expenditure  8108,213.36 — 
leaving  a  balance  against  the  State  of  88,181.76. 

For  the  year  ending  October  31st,  1854,  the  receipts  were 
$62,801.51,  and  warrants  issued  853,417.13  ;  gross  amount  of 
revenue  871,211.71,  and  gross  amount  of  expenditure  854,115.- 
42 — leaving  a  balance  in  favor  of  the  State  ot  88,914.53. 

For  the  year  endhig  October  31st,  1855,  the  receipts  were 
$80,840.62,  and  warrants  issued  885,365.19;  gross  amount  of 
revenue  868,025.34,  gross  amount  of  expenditure  $83,185.79 — 
leaving  a  balance  against  the  State  of  86,245.92. 

For  the  year  ending  October  31st,  1856,  the  receipts  were 
$92,021.98,  and  the  wiii-rants  issued  870,430,01 ;  gross  amount 
of  revenue  8120,823.32,  gross  amoimt  of  expenditure  $70,693.- 
21 — leaving  a  balance  in  favor  of  the  State  of  879,228.10. 

For  the  year  endhig  October  31st,  1857,  the  receipts  were 
$206,817.13,  and  warrants  issued  $168,515.12  ;  gross  amount  of 
revenue  $93,631.79,  gross  amount  of  expenditure  $90,978.76 — 
leaving  a  balance  in  fxvor  of  the  State  of  $81,881.13. 

For  the  year  endhig  October  31st,  1858,  the  receipts  were 
$91,578.43,  and  warrants  issued  868,772.33  ;  gross  amount  of 
revenue  $107,152.55,  gross  amount  of  expenditure  860,991.61 — 
leaving  a  balance  in  favor  of  the  State  of  8128,042.07. 

For  the  year  ending  October  31st,  1859,  the  receipts  were 
$106,021.80,  and  warrants  issued  $106,879.12;  gross  amount 
of  revenue  $112,000.29,  gross  amount  of  expenditure  $101,315.- 
60 — leaving  a  balance  in  favor  of  the  State  of  $138,792.86. 

For  the  year  ending  October  31st,  1860,  the  receipts  were 
$115,894.84,  and  M-arrantH  issued  $117,808.85  ;  gross  amount  of 
revenue  892,302.05,  gross  amount  of  expenditure  $113,097.57 
— leaving  a  balance  in  favor  of  the  State  of  $118,047.34. 


For  tho  yo.ir  cnrlino;  Oclohor  Hist,  18G1,  the  rocoipls  woro 
'^n5,4l0.."')l,  jind  wnrranls  issued  ^;5;52, 042. 60  ;  gross  nmount  of 
rovcime  5i!l  U),4G0.42,  gross  nmount  of  expenditure  1332,404.25 
— leaving  a  balance  against  tlie  State  of  ^07,396.49. 

Tlie  gross  amount  of  revenue  returned  from  October  1845  to 
1861,  inehisive,  is  $1,282,432.48,  and  tlie  gross  amount  of  ex])en- 
diture  ^1,379,828.97.  The  gross  amount  of  receipts  at  the 
Treasury  $1,400,706.42,  and  gross  amount  of  warrants  issued 
$1,507,624.42. 

The  outstanding  liabilities  of  the  State  are      -     -      $256,885.88 
And  the  amount  due  the  State  is 159,489.39 

Leaving  a  balance  against  the  State  of    -     -     -     -    $97,396.49 
The  sum  total  of  expenditures  from  1845  to  October  31st,  1861, 

amounts  to     -     -     - $1,379,828.97 

To  wit  :—E.vecutive  Dejmrtment $  84,484  73 

Legislative 240,80!)  70 

Judicial 254,(1(51  00 

Criminal  Prosecutions 200.067  43 

Jurors  and  Witnesses li)5,2()0  21 

Court  Contingent 30,()39  63 

Indian  hostilities, 168,524  83 

State  Convention 22,793  30 

ContingeiU  and  other  niiuor 

expenses 175,885  56 

Equipment  of  Volunteers 6,703  65— $1,379,828  97 

The  total  amount  of  Kevemie  from  all  sources,  from  1845 

to  October  31st,  1861,  is $1,283,433  48 

To  wit :— Revenue $1,126,997  31 

Fines 58,917  41 

Auction   Tax 25,(;07  44 

License 70,410  33 

Donation 500  00— $1,283,432  48 


lu 


TKEASUREKS  KEPORT. 


Tkeasurv  DI•:]•ART^rEXT,   Trkasiky  Offick,  \ 
Tallahassee^  Nov.  13,  1861.  J 

Ills  Excellency  Joiix  ]\Iiktox, 

Governoy  of  Florida, : 

Siu :  Ao-reealjle  to  the  statute  requiring  exliibits  to  be  made 
from  this  office  to  tlie  (Tenci'al  Assembly,  T  res]»ectful]y  enclose 
reports  of  tlie  transactions  for  account  of  tlio  State  and  for  the 
>Scl)ool  and  Seminary  Funds  for  tlie  period  of  Nov.  1,  1860,  to 
October  31,   1S61. 

Under  the  several  acts  and  ordinances  authorizing'  funds  to  be 
])laced  at  the  discretion  of  the  Executive,  the  following  have 
been  delivered  to  Gov.  Perry  : 
From  School  Fund — 

Viro-inia  and  N.  Carolina  State  Bonds.  .|41 ,500 

Cash 13,000 — 154,500 

From  Seminary  Fund — 

Virginia,  N,  Carolina  and  Georgia  State  Bonds     1-18,500 
From  Sinkiny  Fund  of  State  Bonds^  Act.  11,  Ch.  785 — 
Tennessee  and  California  State  JJonds. .  .$10,000 
Cash 5,000—115,000 

Also  fifty  thousand  dollars  of  the  Bonds  of  this  State  issued 
mider  Convention  Ordinance  34. 

In  the  adjustment  by  the  late  Governor  of  some  indebtedness 
to  Institutions  in  another  State,  this  Department  is  under  ac- 
cejrtances  to  become  due  in  a  short  time.  Enclosed  is  a  co})y  of 
liis  authority,  Avith  a  plan  to  provide  for  these  drafts,  which,  to 
be  executed,  will  rccpiire  some  action  to  i)lace  an  amount  of  the 
bonds  and  fund  subject  to  the  oT)ject  suggested. 

The  a])propriations  for  Jurors  and  VVitnesses  and  Criminal 
Prosecutions  have  l)een  dis])ursed,  and  I  res])ectfully  ai)i>ly  ibr 
live  thousand  dollars  for  each  account,  until  the  General  A])])ro- 
priation  l)ill. 

The  sum  of  five  thousand  .ive  hundre<l  dollars  Avas  a])pro))ri- 
ated  by  the  last  ^Vssembly  for  ]>rinting  and  ])ublishing.  The 
warrants  are  thirty-six  hundred  27-100  dollars  for  Dyke  &  Car- 
lisle, and  thirty-five  hundred  and  forty-nine  10-100  dollars  for 
E.  A.  Hart — leaving  balaiu-e  of  sixteen  hundre<l  and  forty  nine 
;li!l(M)  (lollni's  l(»  be  ;i]i|»r<)])i'iatcd. 


n 


There  lias  been  information,  from  a  hiofh  official  source,  filed 
in  this  oflice,  that  fraud  lias  been  perpetrated  in  claims  audited 
under  Act  No.  83,  Cliajiter  1 1  75. 

Very  l\esi)eetfu]Iv, 

C.  Il/AUSTIX,  Treasurer. 


(  COPY.  ) 

E-XECiTivK  Department,  |^ 

Tallahassee^  Oct.  5,  1861.  \ 
To  Charles  IT.  ArsTix,  Esq., 

Treasurer  of  the  State  of  Florida  : 
Sir  : — You  are  hereby  authorized  and  directed  to  pay  to  the 
Banks  of  Charleston,  the  Peoples  Bank,  tlie  Bank  of  Xewberry 
and  the  ^Merchants  and  Planters  Bank  of  Savannah,  fifty  per 
oent  of  the  amount.';  due  l)y  the  State  of  Florida  to  said  Banks  ; 
which  ])ayments  you  will  make  out  of  the  anu)uiit  of  money  to 
be  received  by  you,  as  Treasurer,  from  the  Secretary  of  Treasr- 
i-y  of  the  Confederate  States  under  the  act  of  Congress  approved 
tiie  ;Ust  day  of  Auuust,  18(31,  entitled  an  act  "To  reimburse  the 
iState  of  Florida,''  and  in  order  that  the  balance  of  the  debt  due 
by  the  State  of  Florida  to  said  several  Banks  may  be  so  arrauijed 
as  to  relieve  the  State  froui  embarrassment,  and  at  the  same 
time  to  give  to  said  Banks  ample  security  for  the  balance  of  the 
debt  due  to  them,  I  request  you  to  propose  to  said  Bauks  to  ac- 
cejtt  the  Ikuids  of  the  State  issued  under  the  ordinance  of  the 
Convention,  and  if  said  Banks  consent  to  receive  said  Bonds  in 
jtayment  of  the  balance  due  them,  after  you  have  made  the  pay- 
ments aforesaid,  you  will  proceed  to  settle  such  debts  iu  the 
manner  herein  directed. 

Verv  resjiectfullv, 
[Signed]  '        Af.  S.  i'FRRY, 

Governor  of  FlarkJa, 


12 


Tlte  Treasurer  in  Account  vnth  the  IState  of  Florida. 

18G1.  DR. 

Nov.  1 — To  amount  received  on  accoimt  revenue  1855, 

"      1856, 

"        "  "  "  "      18.-)9, 

"      ISGO, 

"        »  "  "  "      18U1, 

"        "  "  "  fines, 

"        "  "  "  licenses, 

"        "  "  "  auction  tax, 

"        "  "        lUKler  Convention  ordinance  No. 

33,  relative  to  public  lands, 

"  amount  received  from  voluntary  contribution, 

"  "  invested  by  Governor  and  Comptroller  in 
the  State  stocks  issued  under  Couventiou  ordinance 
No.  34:  From  School  Fund,  $5,000 

From  Seminary  Fund,  1,000 

6,000  00 

"  amount  from  Secretary  of  State  from  sale  of  books,  (5  00 

"        "■  "     issue  of  treasury  notes,  18,950  00 


|G53  54 

341  80 

2,099  GO 

94,GG6  49 

1,071  94 

5,139  91 

3,956  88 

448  90 

1,249  03 

500  00 

$135,084  09 


18G1.  CR. 

Nov.  1— By  balance  last  report,  Nov.  1,  18G0,  $4  43 

"    amomit  paid  former  emi^loyees  of  U.  S.,  under  Con- 
vention ordinance  33,  relative  to  public  lands, 
"  amount  paid  former  U.  S.  Surveyors, 
"        "  "    for  eciuipment  of  troojis, 

"        "  "    for  treasury  certificates, 

"        "  "     under  special  acts, 

"        "  "    for  General  Conventions, 

"        "  "    for  Presidential  election, 

"        "  "    for  tenth  General  Assembly, 

"        "  "    for  public  property  and  repairs  of  Ca]"»i- 

tol, 
"        "  "    for  post  mortem  examinations, 

"        "  "  maintenance  of  lunatics, 

"        "  "  Contingent  Fund, 

"        "  "  Supreme  Court  conting't  expenses, 

"        "  "  criminal  prosecutions  and  contin- 

gent expenses  Cii'cuit  Courts, 
"        "  "    for  jurors  and  State  witnesses, 

"        "  "  JNIilitary  Department, 

"  "  Judicial 

"        "  "  Executive        " 

"        "         "  hiterest  on  State  debt, 

"    balance, 

$135,084  09 


1,389  93 

400  00 

3,334  55 

198  25 

1,930  70 

14,403  74 

90  GO 

26,894  55 

864  23 

551  00 

257  98 

6,971  55 

971  46 

33,937  63 

37,234  31 

75  00 

11,916  66 

4,050  00 

9,601  20 

11  87 

13 


The  Treasurer  in  account  tcith  the  School  JPand: 

18G0.  DR. 

Nov.    1— To  balance  per  report  of  this  date,  $1:3,122  04 

2 —  "  aiiioimt  received  from  II.  A.  Corkv,  Resrister,  8!*2  69 

Dec.    3—  "        "            "            '^               a       "        -  u  1 173  r^Q 

1.164  84 

"      city  of  Tallahassee  on  loan,        2oG  00 
"      H.  A.  Corley,  Register,  2,(535  66 

7!).5  65 
"  "  "  2.'59  34 

on  interest  account^  viz : 
From  Putnam  county,  on  loan,  340  00 

From  city  of  Tallahassee,  on  loan,  528  00 


1861, 

Feb.    7—  " 

Mar.    4 —  " 

Apr  23—  " 

May  13—  " 

Auij.    1 —  " 

Oct     1— 

(1 

868  00 


$21,619  71 


To  balance  of  cash  on  hand,  $371  86 

Other  assets,  viz : 

Bond  of  city  of  Tallahassee,  s:],300  00 

"        Gadsden  county,  (balance,)      2,071  37 

5,371  37 

5,743  23 
Note. — D(!livered  to    Gov.    Perry,  under  resolution  No.  4  of 
the  General  Assemblv — 

Virginia  and  North  Carolina  State  stocks,  $41,500  00 

1860.  CR. 

Dec.     1 — By  paid  Warrant  927  for  31.  S.  Perrj',  Governor,  (reso- 
lution No.  4,  I860,)  $13,000  00 
1861. 
Feb.  12— By  paid  Warrant  985  for  H.  A.  Corlev,  Register, 

276  for  J.  McDougafl, 
Apr.    6—      "  "       496  for  Dyke  &  Carlisle, 

May  13—      "  "      474  for  H.  A.  Corley,  Register, 

u  (i    J  203  "  " 

"    1^593  for  J.  A.  Vau-hn, 
Ang.    8—      "  "    1.5 17  for  H.  A.  Corley,  Register, 

OcU     3—      "  "    1,752  for  R.  C.  Williams,  Comptroller, 

for  investment,  act  26,  chap.  338, 
By  amount  intercut  money  disbursed  to  School  Teach- 

ei-s,  on  warrants, 
"    balance, 


175 

00 

11 

63 

5 

00 

264  00 

175 

00 

46 

50 

290  90 

175 

00 

5,000  00 

1,929 

82 

361 

86 

$21,619 

71 

14 


Tlui  Treasurer  in  account  icith  the  ISeniiiuirij  Fuiul 

1§G0.  DR. 

Nov.    1 — To  balance  per  report  tliis  date, 

2 — To  amount  received  from  H.  A.  Corley,  RcciHlcr, 
Dec.    3—  "        "  "  " 


balance, 


180 
Feb. 
Mar. 

1, 

4— 

Aug. 
Oct. 

1— 
1— 

slcr, 

$488  GG 
53  9^ 
23  43 

1,774  73 
44(5  83 
227  45 
149  47 
147  94 

$3,312  00 

1,000  00 
(W6  57 

Assets:  Duval  county  bond. 
Land  notes, 

$1,UUG  5G 
Note. — Delivered  to  Gov.  Pcrrj-,  under  resolution  No.  4  of 
General  Assembly — 

Virginia,  North  Carolina  and  Georgia  State  bonds,  $48,500  00 

1861,  CR. 

Feb.  12— To  paid  Warrant  58f)  for  H.  A.  Corlev,  Register, 

"  277  for  J.  jMcDousyall, 

]\rar.  20—  "  "  "  542  for  H.  A.  Corley,  Register, 

1,204 
Aug.    8—  "  "  "        1.545  "  " 

Oct.     3—  "  "  "        1,753  for  R.  C.  Williams,  Comptrol'r, 

act  27,  chap.  338,  (for  investment,) 
To  paid  Warrant  1,720  for  H.  A.  Corley,  Register, 

706  for  W.  T.  Harrison  for  East 
Florida  Seminary, 

To  paid  Warrant  44  for  G.  M.  T.  Brinson  for  West 
Florida  Seminary, 
To  paid  Warrant  3  for  J.  L.  Demilly  for  West  Florida 
Seminary, 


1861. 
Nov.    1— By  balance.  147  94 


175  00 

8  00 

175  00 

39  00 

175  OO 

1,000  00 
175  00 

745  00 

75  00 

745  00 

$3,312  00 

. . 

15 


A  Summary  of  the  Jieceipts  and  D'lshurseinenfs  at  the  Treas- 
ury from  the  first  day  of  Aovember,  1860,  to  the  3lst  of  Octo- 
ber, 1861. 

RECEIPTS. 

On  account  of  State  of  Florida  from  revenue 

sources,  $110, 134  09 

From  treasury  notes,  18,950  00 

$135,084  00 

On  account  of  School  Fund,  21,G19  71 

"  Seminary  Fund,  3,164  06 


§159,867  86 
Balance  Seminary  Fund,  147  94 


$160,015  80 


DISBURSEMENTS. 

On  accoimt  of  State  of  Florida,  $135,072  23 

"            School  Fund,  21,247  85 

Seminary  Fimd,  3,312  00 


$159,632  07 
Balance  State,  11  87 

School  Fund,  371  86 

•      383  73 

$160,015  80 


6* 


IC 


KEGISTEK'S  KEPORT. 


State  Registek's  Office,  ) 
N'ovemher  1st,  1S61.      \ 
To  His  Excdlencij  Joiix  Miltox, 

Giovernor  of  Florida  : 
SiK :  As  Register  of  Public  Lands,  I  have  tlie  honor  to  submit 
to  your  Excellency  the  following  report  : 

SEMINARY    FUND. 

From  October  31,  18G0,  to  November  1,  1861,  I  have  sold  of 
the  lands  belonging  to  this  fund,  361  52-100  acres,  at  an  average 
price  of  $1.82  per  acre,  producing  in  cash  §195.54,  and  in 
bonds  ?5521.85. 

The  receipts  on  account  of  this  fund  during  the  year  werfe 
^2,684. 73. 

SCHOOL   FUXD. 

From  October  31,  1860,  to  November  1,  1861,  I  have  sold  of 
the  lands  belonging  to  this  fund,  2,604  34-100  acres,  of  which 
164  acres  Avere  sold  at  |2  per  acre,  and  the  remainder  at  $1.25 
per  acre. 

The  receipts  on  account  of  this  fund  during  the  year  were  $8,- 
135.34,  of  which  $14.40  were  received  from  the  sale  of  wrecked 
and  derelict  property  in  Manatee  county. 

COMMON    SCHOOLS. 

I  have  received  no  report  from  the  Comptroller  shewing  that 
any  interest  has  been  received  this  year  uj)on  the  Common 
School  Fund,  and  consequently  no  apportionment  of  such  inter- 
est has  been  made. 

Respectfully, 

HUGH  A.  CORLEY,  Register; 


ATTORNEY  OENEKAL'S  REPORT. 


Office  of  the  Attorney  Gexeral,  ) 
Tallahassee,  Xov.  11,  1861.      )' 
To  His  Excellency  John  Milton,  Governor  of  Florida  : 

Sir: — It  is  the  duty  of  the  Attorney  General,  untler  tlie  law,  fo 
,m<akc  a  written  report  to  the  Governor  five  days  before  the  first  dav 
of  everj''  session  of  the  General  x\sscmbly,  as  to  tlie  effect  and  opera- 
tion of  the  acts  of  the  last  previous  session,  the  decisions  of  the 
Courts  thereon,  with  such  suggestions  as  to  him  may  seem  bcnel5cial 
to  the  public  interests. 

The  extraordinary  events  that  have  transpired  in  the  history  of 
the  country  since  the  beginning  of  the  last  sest^ion  of  the  General 
Assembly,  the  calling  of  a  Convention  of  the  People,  the  various 
ordinances  of  that  Convention,  the  revision  and  amendment  of  the 
Constitution  of  the  State,  the  resumption  of  our  State  sovereigntv 
and  the  formation  of  a  new  Confederacy,  have,  with  the  numerous 
acts  of  the  last  session,  created  an  unprecedented  condition  of  pub- 
lic law,  the  eti'ect  and  operation  of  which,  at  least  as  to  policy,  it  is' 
very  difficult  as  yet  to  determine,  especially  in  the  present  state  of 
affairs. 

I  dcem^it  of  the  first  importance  that  the  Legislature  should  im- 
mediately provide  for  a  thorough  and  complete  digest  and  revision 
of  our  public  law.  This  is  demanded  by  every  interest  of  the  State, 
public  and  private.  The  laws  of  Florida  are  scattered  through 
various  books  and  pamphlets,  difficult  to.  be  obtained  by  the  people 
and  more  diffiinlt  to  be  compared  and  understood,  thereby  increas- 
ing greatly  the  labors  and  perplexities  af  public  officers  and  render- 
ing it  practically  impossible,  iu  many  instances,  that  citizens  should 
know  the  law.  This  is  a  state  of  things  upon  which  it  is  unneces- 
sary to  comment.  I  know  of  no  way,  even  under  the  present  cir- 
cumstances, in  which  the  same  amount  can  be  so  well  expended  for 
every  interest  of  the  State,  as  in  making  provision  for  a  digest  of 
our  laws.  It  is  to  be  desireil  that  the  (Tcneral  Assembly  will  allow 
no  cause  whatever  to  dt^ter  it  from  making  provision  fur  a  work  so 
important. 

A  very  palpai)le  defect  exists  in  the  law  relative  to  t;i.\ation  and 
the  elective  franchise,  arising  from  an  amendment  to  the  VI  Article 
of  the  Constitution,  requiring  as  a  qualification  of  every  elector  that 
he  ''shall  have  pi.id  all  taxes  due  by  lliin  at  least  five  days  before 
the  <lay  of  election."  In  constrning  this  provision  of  the  (-onstitu- 
tion,  I    have    been    necessarily  '•ompelled    to   decide    that  the   taxc-s 


18 

were  "(liK;"  wlitni  the  Tax-Collector  liad  tbe  legal  right  to  demand 
iiad  receive  tlicni,  which  was,  according  to  law,  when  his  books  of 
assessment  should  hnw  been  approved  by  the  Board  of  County 
Comniissiomers  and  a  copy  of  the  same  delivered  to  him  for  the 
purposes  of  collection.  AVhether  or  not  it  was  the  intention  of  the 
framors  of  the  Constitution  that  this  provision  should  be  so  con- 
strued with  existing  laws  as  to  make  it  applicable  to  elections  occur- 
ring in  the  samo  year  that  said  taxes  were  assessed  and  became  due, 
or  to  defer  its  practical  operation  for  one  or  more  ycfirs,  cannot  bo 
ascertained.  The  construction  which  I  liavc  put  upon  the  law  and 
Constitution  in  this  respect  is,  for  various  reasons,  the  only  conclu- 
sion to  which  I  can  come.  It  will  be  perceived,  that  without  some 
further  legislation  on  this  subject,  much  uncertainty,  injustice  and 
confusion  must  necessarily  result  in  all  elections  throughout  the 
State.  I  do  not  propose  to  discuss  the  policj'  of  this  constitutional 
provision,  but  T  would  suggest  that  the  Legislature  do  fix  some 
specified  time  when  taxes  shall  be  due,  or  devise  some  other  means 
by  which  the  operations  of  this  provision  of  the  Constitution  may 
be  modified  and  rendered  more  certain  and  reasonable  than  at  pre- 
sent. 

There  are  some  further  defects  in  our  fiscal  laws  which  have  come 
under  my  observation,  calling  for  remedial  legislation,  among  which 
I  may  mention  the  want  of  some  authorized  process  by  which  Tax- 
CoUectors  who  are  in  default,  and  the  sufiiciency  of  whose  sureties 
is  questionable,  may  be  arrested  in  tiic  further  collection  of  taxes 
Tintil  they  have  made  good  their  default  and  given  such  further 
security  as  may  be  deemed  necessary  for  the  interests  of  the  State. 
1  do  not  think  it  justice  or  policy,  that,  upon  the  mere  caprice  of 
one  of  the  sureties  of  a  Tax-Colleetor,  the  collection  of  the  revenue 
should  be  stayed  or  the  Tax-Collector  himself  put  to  unconscionable 
trouble  in  the  procurement  of  new  sureties;  but  there  are  cases 
in  which  a  provision  of  the  law,  such  as  the  one  proposed,  would 
subserve  the  purposes  of  justice  and  policy. 

The  militia  laws  of  the  State,  as  amended  by  the  General  Assem- 
bly at  its  last  session,  together  with  the  ordinances  of  the  Conven- 
tion on  the  same  subject,  present  some  inconsistencies  and  conflicts 
Avhich  have  been  especially  troublesome  in  the  present  condition  of 
public  afi"airs.  Vv'ithout  entering  into  a  detail  or  discussion  of  the 
various  matters  connected  with  this  important  subject,  Avhich  would 
be  impossible  in  a  report  of  this  character,  I  would  suggest  that  the 
present  condition  of  the  militia  law  is  such  as  to  render  it  very  dilfi- 
cult  and,  in  many  cases,  impossible,  to  give  them  an  intelligible  and 
consistent  construction,  and  that  they  do  therefore  demand  a  careful 
Revision  and  consolidation.  *Thc  importance  of  this  matter  will  be 
dulv  appreciated  at  the  present  time  without  further  suggestion 
iioin  me.     The   pcrnliar   condition  of  [)ublic   atFairs  and  the   preva- 


10 

lence  of  war  have  developed  many  imperfections  in  our  militia  sa-s- 
tem  Avliich  manj'  years  of  peace  Avould  not  have  discovered,  and  this 
is  the  most  propitious  time  for  thei'  amendment.  I  would  suggest, 
that  unless  some  amendment  is  made  to  the  law  looking  to  a  more 
permanent  status  as  to  individuals,  as  between  the  ordinary  militia 
and  volunteer  companies,  that  the  regular  militia  organization  of  the 
State  must  torever  remain  in  confusion  and  imperfection.  The  de- 
fects of  the  present  law,  together  witli  public  indiffcicnce,  must 
keep  the  beat  companies  constantly  depressed  and  imperfect. 

The  expenses  of  criminal  prosecutions  and  Coroners'  inquests 
liave  come  under  my  official  observation,  but  it  seems  to  me  that 
the  full  exposition  of  tlie  extent  and  nature  of  these  expenditures 
properly  belongs  to  another  department  of  the  Government.  The 
■only  remed}'-  of  which  T  can  conceive  for  this  great  drain  upon  the 
public  treasury  is,  either  to  require  a  prosecutor  responsible  for 
costs  in  all  criminal  cases  below  the  grade  of  felony,  or  to  require 
the  counties  respectively  to  pay  the  costs  of  criminal  proceedings 
within  their  limits,  at  least  to  a  certain  extent.  It  appears  that 
various  fees  anil  costs  are  now  paid  by  the  State  in  prosecutions  of 
the  most  frivilous  and  unnecessary  character.  Some  remedy  is 
surely  necessary  for  this  condition  of  things. 

The  General  Assenibly,  at  its  last  session,  passed  "An  act  to  pro- 
vide for  the  payment  of  the  Florida  Volunteers  and  others  who  have 
not  been  paid  for  services  actually  rendered  the  State  of  Florida  in 
the  last  war  with  the  Seminole  Indians."  The  terms  of  the  law 
being  explicit  anrl  inevitable,  as  the  least  examination  will  show, 
warrants  have  been  issued  by  the  Comptroller  for  a  large  amount 
upon  the  treasury  for  the  payment  of  these  claims.  In  ever}^  in- 
stance, I  believe,  the  strictest  letter  of  the  law  as  to  evidence  has 
been  required  and  complied  with,  and  yet  the  amount  of  these 
claims  has  so  far  exceeded  what  it  was  to  be  reasonably  expected 
they  would,  that^  together  with  other  circumstances,  it  has  induced 
the  belief  that  frauds  were  being  practiced  upon  the  State.  I  would 
suggest  a  modification  or  entire  repeal  of  this  law,  which  was  doubt- 
less eminently  proper  and  just  in  its  intention,  but  which  has  proba- 
bly been  made  to  subserve  dishonest  purposes.  At  least,  a  full  dis- 
cretion should  be  vested  in  the  Comptroller  as  to  the  further  audit- 
ing of  these  claims.  And  I  take  occasion  further  to  suggest,  as  the 
residt  of  experience,  that  it  is  very  impolitic  to  pass  laws  which  de- 
prive the  CouTiptroller  of  that  exercise  of  discretion  in  the  auditi'.ig 
■of  claims,  which  is  the  surest  safeguard  of  the  treasury. 

The  publication  of  the  laws,  together  with  the  time  of  commence- 
ment of  their  operation,  is  a  subject  that  deserves  legislative  atten- 
tion. Laws  which  are  of  force  and  etfect/rora  the  time  their  jjassage 
are  not  published  for  weeks  or  months  afterwards.  This  is,  in  som;^ 
cuses,  the  result  of  necessity.     The  preparation  of  the  laws  lor  pub- 


20 

ilcatioii.,  the  accnrafy  ticccssary  to  be  observctl  and  tljc  time  reqnirt'i;i 
for  printing,  render  it  impossible  to  pnbli.sli  tlic  l;nvs  for  some  time 
after  their  passage  in  regnlar  form.  In  the  mean  time,  the  people 
must  remain  ignorant  of  the  laws,  and  even  the  Jndiciary  and  other 
public  oflicers  cannot  in  all  cases  have  access  to  their.  Tlie  only 
remedy  for  this  is  the  passage  of  some  general  act  defining  the  time 
when  all  acts  passed  by  the  Legislature,  in  which  it  is  not  otherwise 
expressly  provided,  shall  take  effect,  and  fixing  such  time  as  will 
allow  of  the  publication  and  distribution  of  the  laws  before  they 
become  of  force.  If  this  be  not  deemod  expedient,  justice  and  policy 
I'cquire  that  some  provision  be  made  for  the  publication  of  each 
]ci\y,  of  a  public  character,  immediately  after  its  passage. 

These,  are  the  most  important  suggestions  relative  to  the  opera 
tion  of  the  laws  of  the  last  session  of  the  General  x\ssembly  which  I 
deem  it  proper  to   make.     The  details  of  each  particular  subject 
cannot  be  given  in  this  report  without  making  it  entirely  too  prolix. 
It  is  honed  that  sufficient  has  been  said  to  direct  attention  to  th 
matters  suggested. 

There  have  been  no  decisions  of  the  Courts,  of  which  I  am  aware' 
relative  to  the  acts  passed  at  the  last  session  of  the  General  Assem- 
bly. 

\'crv  respectfnllv, 

J.  B.  GALBRAl'llL 


•2  3 


Correspondence  on  the  sutject  of  the  Boundary. 


Executive  Department,  Georgia,      ) 
Atlanta^   October  5,  1«G1.  f 
Sir  :    I  liaA'C  the  lionor  to  ti'ansrait  herewith   the   copy  of  a 
Resolution  passed  by  the  Legislature  of  this  State  at  its  last 
session,  to  wljicli  I  beg  leave  to  call  your  attention,  and  to  ask 
if  it  will  be  agi'eeablc  to  you  that  negotiations  shall  be  oi)ened 
between  Florida  and  (Georgia  for  a  re-survey  of  the  disputed  line 
between  the  two  States,  as  contemplated  in  the  Resolution. 
Most  resijectfully, 

Your  obedient  servant, 

JOSEPH  E.  BROWN. 
To  His  Excellleney  the  Governor  of  Florida, 

Tallahassee. 


(copy.) 

.Resolved  by  the  General  Assembly  of  Georgia^  That  the  Gov- 
ernor of  Georgia  be  directed  to  re-open  negotiations  Avith  the 
authorities  of  the  State  of  Florida,  in  regard  to  tlie  boundaiy 
line  between  the  two  States,  and  to  urge  the  adjustment  of  the 
disputed  line  so  as  to  protect  the  rights  of  citizenship  of  the 
])eople  residing  near  the  line,  who  have  been  recognized  by  the 
Laws  and  Constitution  of  this  State  as  being  citizens  of  Georgia, 
and  so  as  also  to  protect  the  titles  of  citizens  to  the  lands  which 
tliey  hold  under  grants  issued  by  this  State ;  and  to  have,  if 
practicable,  the  boundary  iixed,  so  as  to  retain  and  keep  the 
fractional  lots  of  land  sold  by  Georgia  within  the  jurisdiction  of 
this  State. 

Assented  to  December  14,  1860. 


Executive  Department,      ) 
Tallahassee^  October  IG,  1861.  j 
To  His  Excdlency  Joseph  E.  Brown, 

Governor  of  Georgia  : 
Sir:  I  have  received  your  connnunication  of  the  5th  inst.,  en- 
closing a  copy  of  the  Resolution  adopted  by  the  General  As- 


Bembly  of  Georgia  relative  to  tlie  late  disinited  Iboimdary  line 
between  the  States  of  Georgia  and  Florida.  Upon  tlie  meeting 
of  the  General  Assembly  of  Florida,  I  Avill  call  the  attention  of 
that  honorable  body  to  the  matters  referred  to  in  that  Resolu- 
tion. 

Very  Respectfully,  Sir, 

JOHN  MILTOK 


penmalipe* 

pH  8.5 


